To: | Google LLC (tmdocket@google.com) |
Subject: | U.S. Trademark Application Serial No. 88910801 - READ ALONG - GT-1571-US-1 |
Sent: | July 27, 2020 06:06:53 PM |
Sent As: | ecom124@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88910801
Mark: READ ALONG
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Correspondence Address:
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Applicant: Google LLC
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Reference/Docket No. GT-1571-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: July 27, 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.
This application was filed with the USPTO on May 11, 2020.
Search Results
Identification and Classification of Goods and Services
Class 009: {specify downloadable or recorded} mobile application software enabling online and offline assistive learning for primary grade children which includes features such as voice recognition, voice-enabled assistance involving two way conversations; Mobile application involving interaction through natural voice input; {specify downloadable or recorded} mobile application for online games and providing in-app awards to enable the process of learning; {specify downloadable or recorded} mobile application for assisting learning for primary grade children in the field of {specify subject matter, e.g., reading, mathematics, science}
Class 041: Educational services, namely, {specify nature of educational services, e.g., classes of instructions} for assistive learning for primary grade children in the field of {specify subject matter, e.g., reading, mathematics, science} through a mobile application
Class 042: Providing temporary use of a web-based mobile application software enabling online and offline assistive learning for primary grade children which includes features such as voice recognition, voice-enabled assistance involving two way conversations; providing temporary use of a web-based mobile application involving interaction through natural voice input; {specify downloadable or recorded} mobile application for online games and providing in-app awards to enable the process of learning; providing temporary use of a web-based mobile application for assisting learning for primary grade children in the field of {specify subject matter, e.g., reading, mathematics, science}.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
Fees for Adding Classes
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
Mark Description Incomplete
The following description is suggested, if accurate: The mark consists of a design of an open book with green covers, where the covers are in the shape of a speech balloon. The pages of the book are white with light grey text block. A yellow shooting star appears to be coming out of the pages. To the right of the design is the wording READ ALONG in the darker grey.
Disclaimer
The attached evidence from The American Heritage Dictionary of the English Language shows the wording READ means “To have the ability to examine and grasp the meaning of (written or printed material in a given language or notation” and the wording ALONG means “In accompaniment or association; together”. Thus, the wording merely describes applicant’s goods and/or services because it indicates that applicant’s goods and services are for the purpose of enabling or teaching users by allowing them to examine and grasp the meaning of written material together.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “READ ALONG” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
Janet Lee
/Janet H. Lee/
Trademark Examining Attorney
Law Office 124
Phone: (571) 272-1053
Email: janet.lee6@uspto.gov
RESPONSE GUIDANCE