Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

EXAMINER’S AMENDMENT

Issue date:  August 26, 2019

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

Application has been amended as shown below.  As agreed to by Ian Saffer on August 26, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

Description of Mark

The mark description of record is amended to the following: The mark consists of the word “ONTECH” in stylized font alongside a shaded circle featuring three curved wireless signals that gradually appear larger as they are transmitted downward from a circular transmitter therein. 37 C.F.R. §2.37; TMEP §§808 et seq.

Recitation of Services

The description of services is amended to read as follows:

“Installation of residential and commercial television receivers, audio and video distribution systems, home theater systems, telecommunications networking hardware, structural wiring in relation to the aforementioned goods and Internet of things (IoT) enabled systems, all excluding the installation of computer software; installation, maintenance and repair of consumer electric and electronic appliances and devices; installation of home security systems, home automation systems and home Internet of things (IoT) enabled systems; installation, maintenance and repair of residential and commercial Internet of things (IoT) enabled computer hardware and smart home technology in the nature of computer hardware for controlling home and commercial automation systems; technical support services, namely, technical advice related to the installation, repair, replacement and maintenance of consumer electronics; technical support services, namely, technical advice related to the installation, repair, replacement and maintenance of home security systems, home automation systems and home Internet of things (IoT) enabled systems”, in International Class 37; and

“Computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computers and electronic devices; television calibration services; software as a service (SAAS) services featuring software for monitoring, analyzing, managing, optimizing and automating the security of Internet of things (IoT) enabled devices and systems and related computer applications, computer hardware, computer networks and computer systems associated therewith”, in International Class 42.

TMEP §1402.01(e).

Miscellaneous

If applicant’s counsel has questions about this application or needs further assistance, please telephone the assigned trademark examining attorney directly at the number below.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per international class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.

/David Yontef/

Trademark Examining Attorney

Law Office 118

(571) 272-8274

david.yontef@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on August 26, 2019 for

U.S. Trademark Application Serial No. 88499746

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

/David Yontef/

Trademark Examining Attorney

Law Office 118

(571) 272-8274

david.yontef@uspto.gov

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”