To: | Google LLC (tmdocket@google.com) |
Subject: | U.S. Trademark Application Serial No. 88922688 - OPEN USAGE COMMONS - GT-1573-US-1 |
Sent: | July 28, 2020 03:56:49 PM |
Sent As: | ecom124@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88922688
Mark: OPEN USAGE COMMONS
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Correspondence Address:
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Applicant: Google LLC
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Reference/Docket No. GT-1573-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 28, 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 19, 2020.
Search Results
Identification and Classification of Services
Class 035: Promoting the public awareness of the importance of free and open source software {specify nature of projects, e.g., development, marketing} projects; Promoting public awareness and the importance of non-proprietary software and open source projects used under agreements meeting certain requirements for distribution and redistribution; Business management and business administration for others in the field of trademarks, namely, trademarks relating to non-proprietary software and open source projects; Business support services, namely, business consulting services regarding the management of trademarks relating to non-proprietary software and open source projects
Class 042: Development of free and open source software
Class 045: Legal consulting services, namely, consulting in the field of protection and enforcement of trademark rights relating to non-proprietary software and open source projects.
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 fee already paid (view the USPTO’s current fee schedule). The application identifies services that are classified in at least 3 classes; however, applicant submitted a fee sufficient for only 1 class. 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.
Disclaimer
The attached evidence from The American Heritage Dictionary of the English Language shows the wording OPEN means “Of or relating to a file that can be accessed” and the wording USAGE means “The act, manner, or amount of using; use”. Thus, the wording merely describes applicant’s services because the combination of the words immediately indicates that applicant’s services are related to the use of files or software that anyone can access.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “OPEN USAGE” 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