To: | Code Inc. (trademarks@cooley.com) |
Subject: | U.S. Trademark Application Serial No. 90053726 - CODE - N/A |
Sent: | November 03, 2020 11:56:23 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90053726
Mark: CODE
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Correspondence Address: 1299 PENNSYLVANIA AVE., N.W., SUITE 700
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Applicant: Code Inc.
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Reference/Docket No. N/A
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: November 03, 2020
Search:
Application not Signed:
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that applicant believes applicant is the owner of the mark; that the mark is in use in commerce and was in use in commerce as of the application filing date; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; that the specimen shows the mark as used on or in connection with the goods or services as of the application filing date; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b), (c), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.59(a).
For more information about the verified statement and instructions on providing one using the online Trademark Electronic Application System (TEAS) response form, see the Verified statement webpage.
Identification of Services:
The identification of services is indefinite and/or too broad and must be clarified because the services could be identified in several classes not a part of the application . See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
Applicant may adopt the following wording, if accurate:
Financial services, namely, providing a virtual currency for use by members of an on-line community capable of being transferred between users via a blockchain operating on a global peer-to-peer network, in International Class 36
and
Design and development of computer software for peer-to-peer networks using blockchain technology; Developing and updating of computer software for use in managing crypto-currency and block chain data; Application service provider featuring application programming interface (API) software for providing a platform for the development, testing, and integration of blockchain software applications; Computer services, namely, acting as an application service provider in the field of information management to host computer application software for the purpose of developing, testing, and integrating blockchain applications and software, in International Class 42
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.
Meaning / Significance:
Suspension:
Upon receipt of the applicant's response to the procedural issues, action on this application will be suspended pending the disposition of foreign application/registration.
Click to file a response to this nonfinal Office action
Response Guidance:
Advisory Regarding Responding to this Letter:
Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
Who Must Sign The Response:
It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
Periodically Check The Status of the Application:
To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
To Update Correspondence/e-mail Address:
Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.
/Jeffrey S. DeFord/
Examining Attorney
Law Office 115
United States Patent & Trademark Office
(571) 272-9469
jeffrey.deford@uspto.gov