To: | Moxie Software, Inc. (tm@jmrlawgroup.com) |
Subject: | U.S. Trademark Application Serial No. 90151248 - GO - TM-3168 |
Sent: | December 31, 2020 01:24:06 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90151248
Mark: GO
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Correspondence Address:
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Applicant: Moxie Software, Inc.
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Reference/Docket No. TM-3168
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: December 31, 2020
SEARCH OF USPTO DATABASE OF MARKS
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.
Applicant must respond to the requirement(s) set forth below.
IDENTIFICATION AND CLASSIFICATION OF SOFTWARE
Furthermore, the specifications “Software for engaging, guiding, and delivering communication opportunities, knowledge resources, promotions, and other offers and information to visitors of a website, mobile site, or mobile application” and “guiding visitors on websites” do not clearly specify the purpose or function of the software. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a). The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d). The wording “engaging, guiding, and delivering” does not identify a clear function, and the wording “knowledge resources” and “other offers and information” must be amended to clarify the nature of these resources.
Applicant may adopt the following wording, if accurate:
Downloadable software for engaging, guiding, and delivering enabling communication
opportunities between users, and providing access to knowledge resources, promotions and other offers and
information to visitors of a website, mobile site, or mobile application; downloadable software for live chat, messaging, video chat, co-browsing,
email, and communications provided over customer websites, mobile sites, or mobile applications; downloadable software for accessing knowledgebase and web self-service offerings
on websites, mobile sites, and mobile applications; downloadable software for assisting guiding visitors in navigating
on websites, mobile sites, and mobile applications to best utilize their functionality; downloadable software for data analytics and capturing and
analyzing behavior and data of visitors to websites, mobile sites, and mobile applications to facilitate engagements, displays of information and knowledge resources, and to provide suggestions to
improve engagements and customer experience, and to reduce agent contacts
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.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
How to respond. Click to file a response to this nonfinal Office action.
/Laura Golden/
/Laura Golden/
Examining Attorney
Law Office 103
(571) 272-3928
laura.golden@uspto.gov
RESPONSE GUIDANCE