To: | Google LLC (tmdocketing@google.com) |
Subject: | U.S. Trademark Application Serial No. 88779725 - PROJECT ZERO - GT-1431-US-1 |
Sent: | April 20, 2020 03:23:07 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88779725
Mark: PROJECT ZERO
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Correspondence Address:
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Applicant: Google LLC
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Reference/Docket No. GT-1431-US-1
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: April 20, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search of the Office Records
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Identification of Services – Broad/Indefinite
The identification of services needs clarification because it is too broad or indefinite and could include services classified in other international classes. See TMEP §§1402.01, 1402.03.
International Class 042: “Computer services, namely, monitoring and reporting on the performance, availability, and errors of web sites of others; Computer security threat analysis for protecting data; consultancy, testing, research and advisory services in the field of risk, vulnerability analysis and security for computers, computer systems and computer networks; on-line information and advisory services relating to computer security software and hardware products; computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability.”
Providing product information or advisory services can be a class 035 consumer product information service.
Applicant must amend this wording to specify the common commercial or generic name for the services. If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant may substitute the following wording, if accurate:
International Class 035: On-line consumer product information and consumer product advisory services relating to computer security software and hardware products
International Class 041: Providing a website featuring a blog and non-downloadable publications in the nature of articles in the field of computer security and computer threat analysis.
International Class 042: “Computer services, namely, monitoring and reporting on the performance, availability, and errors of web sites of others; Computer security threat analysis for protecting data; consultancy, testing, research and advisory services in the field of computer security risk, vulnerability analysis and security for computers, computer systems and computer networks; on-line technical information and technical advisory services relating to use of computer security software and hardware products; computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability”
See TMEP §1402.01.
If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 035, 041 and 042. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 041 and 042; and applicant needs a specimen for class(es) 035. See more information about specimens.
Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
How to respond. Click to file a response to this nonfinal Office action.
Anthony Rinker
/Anthony Rinker/
Trademark Examining Attorney
Law Office 102
Ph. 571-272-5491
anthony.rinker@uspto.gov
RESPONSE GUIDANCE