To: | Moxie Software, Inc. (tm@jmrlawgroup.com) |
Subject: | U.S. Trademark Application Serial No. 90151419 - GO - TM-3167 |
Sent: | December 31, 2020 01:24:43 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. 90151419
Mark: GO
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Correspondence Address:
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Applicant: Moxie Software, Inc.
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Reference/Docket No. TM-3167
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.
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:
Providing on-line non-downloadable application 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; providing on-line non-downloadable application software for live chat, messaging, video chat, co-browsing, email, and communications
provided over customer websites, mobile sites, or mobile applications; providing on-line non-downloadable application software for accessing knowledgebase and web self-service offerings on websites,
mobile sites, and mobile applications; providing on-line non-downloadable application software for assisting guiding visitors in navigating
on websites, mobile sites, and mobile applications to best utilize their functionality; providing on-line non-downloadable application 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
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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.
PARTIAL ABANDONMENT ADVISORY
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.
If applicant does not timely respond to this Office action, the following services will be deleted from the application: Providing on-line non-downloadable application 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; providing on-line non-downloadable application software for guiding visitors on websites, mobile sites and mobile applications. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following services only: providing on-line non-downloadable application software for live chat, messaging, video chat, co-browse, email, and communications provided over customer websites, mobile sites, or mobile applications; providing on-line non-downloadable application software for accessing knowledgebase and web self-service offerings on websites, mobile sites, and mobile applications; providing on-line non-downloadable application 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. See TMEP §718.02(a).
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