To: | MYLOS INC. (firm@rabinberdo.com) |
Subject: | U.S. Trademark Application Serial No. 88837614 - BERMUDA - MIP-484TM |
Sent: | June 01, 2021 03:05:48 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88837614
Mark: BERMUDA
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Correspondence Address: 2650 Park Tower Drive, Suite 800
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Applicant: MYLOS INC.
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Reference/Docket No. MIP-484TM
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: June 01, 2021
This Office action is in response to applicant’s communication filed on April 21, 2021.
In a previous Office action dated June 15, 2020, applicant was required to satisfy the following requirements: amend the identification of goods and services, comply with multiple-class application requirements, clarify the mark description and color claim, provide an explanation of the mark’s significance, and provide foreign registration certificate.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: clarify the mark description and color claim, provide an explanation of the mark’s significance, and provide foreign registration certificate. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirements in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services requirement is now made FINAL. See 37 C.F.R. §2.63(b).
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and services may not later be reinserted. TMEP §1402.07(e).
The international classification of goods in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau assigned to the goods in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §1401.03(d). Therefore, although software may be classified in international classes other than International Class 9, any modification to the identification must identify goods in International Class 9 only, the class specified in the application for such goods. See TMEP §1904.02(c)(ii).
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Applicant may adopt the following wording, if accurate:
Class 9: Recorded messenger program, namely, software for the redirection of electronic messages to alternate addresses; artificial intelligence application software
program, downloadable for wireless terminals for video chatting; downloadable software for video chatting; downloadable smart phone application software for video chatting; downloadable instant
messaging software; downloadable cloud computing software for video chatting; downloadable computer software for database management; downloadable computer software for connecting wireless network
communications; downloadable application software for smart phone for video chatting; downloadable software for online messaging; downloadable application software for database management; downloadable instant messaging software; downloadable computer software for internet chatting; computer databases in the nature of computer servers; downloadable computer software
for video chatting; downloadable communications software for connecting computer network users; [specify downloadable or recorded] computer software platforms for database
management; downloadable communications software for providing access to the Internet
Class 38: Digital network telecommunications services; electronic message sending; transmission of images between mobile telecommunications devices; transmission of video
and text via wires telecommunication applications for mobile devices; providing voice or and video chat services via mobile and wired communication;
wireless broadband communication services; video and audio communication and transmission services, namely, transmission of audio and video tethered downloads; providing mobile voice or and video chat service via the smart phone application; video communication services, namely, video broadcasting services over the Internet or other
communications network featuring the uploaded, posted and tagged videos of others; providing on-line discussion services, namely, providing internet chat rooms; providing online chat service, namely,
providing internet chat rooms; providing voice communication service via the Internet; transmission of instant messages; chatroom services through the Internet; electronic transmission of data via
the Internet; transmission of information via digital networks; information transfer, namely, transmission of information via digital networks; electronic transmission of digital media contents via
global computer networks
Class 42: Providing online, non-downloadable computer software platforms for database management
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. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). The application identifies goods and services that are classified in at least 3 classes; however, applicant submitted fees sufficient for only 2 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
PROPER RESPONSE TO FINAL ACTION
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Andrew Crowder-Schaefer/
Trademark Examining Attorney
Law Office 104
(571) 272-0087
andrew.crowderschaefer@uspto.gov
RESPONSE GUIDANCE