Offc Action Outgoing

FACEBOOK

Facebook, Inc.

U.S. Trademark Application Serial No. 90157769 - FACEBOOK - 1209360

To:	Facebook, Inc. (tmadmin@kilpatricktownsend.com)
Subject:	U.S. Trademark Application Serial No. 90157769 - FACEBOOK - 1209360
Sent:	January 04, 2021 11:52:57 AM
Sent As:	ecom106@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

U.S. Application Serial No. 90157769

Mark: FACEBOOK

Correspondence Address:

ALLISEN PAWLENTY

KILPATRICK TOWNSEND & STOCKTON LLP

607 14TH STREET NW, SUITE 900

WASHINGTON, DC 20005-2018

Applicant: Facebook, Inc.

Reference/Docket No. 1209360

Correspondence Email Address:

tmadmin@kilpatricktownsend.com

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: January 04, 2021

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.

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.

Significance of the Wording

To permit proper examination of the application, applicant must explain whether the wording “FACEBOOK” in the mark has any significance in any field, trade or industry or as applied to each and every single one of applicant’s goods and/or services, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814. Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.

Identification

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words such as “apparatus,” “components,” “devices,” “materials,” or “parts,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name. See TMEP §§1401.05(d), 1402.03(a). The identification for “equipment” must be clarified because it is indefinite and does not specify either the common generic name of each piece of equipment or the nature and purpose or function of the equipment. See TMEP §§1402.01, 1402.03. Therefore, applicant must amend this wording to specify either (1) the common generic name of each piece of equipment or (2) the nature and purpose or function of the equipment. See TMEP §§1402.01, 1402.03. Applicant may substitute the following wording, if accurate:

Class 9 –

Computer hardware; Downloadable software for social networking and creating and interacting with online communities; Downloadable software for creating, managing and accessing groups within virtual communities; Downloadable software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices, namely, mobile phones, smartphones, handheld computers and computer tablets; Downloadable software for organizing events, searching for events, calendaring and managing events; Downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks; Downloadable software for creating and managing social media profiles and user accounts; Downloadable software for streaming multimedia entertainment content, audio-visual content, video content, and associated text and data; Downloadable software for enabling transmission of images, audio, audio visual and video content and data; Downloadable software for modifying photographs, images and audio, video, and audio-visual content; Downloadable software for use in taking and editing photographs and recording and editing videos; Downloadable software for processing images, graphics, audio, video, and text; Downloadable software for collecting, managing, organizing, synchronizing, and the storage of data and information; Downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks; Downloadable software for sending and receiving electronic messages, alerts, notifications and reminders; Downloadable software for file sharing; Downloadable messaging software; Downloadable software for use in creating, managing, measuring, and disseminating advertising of others; Advertisement server, namely, a computer server for storing advertisements and delivering advertisements to websites; Downloadable software for creating, sharing, disseminating and posting advertising; Downloadable software that enables individuals, groups, companies, and brands to create and maintain an online presence and interact with online communities for marketing purposes; Downloadable software for integrating electronic data with real world environments for the purposes of entertainment, education, gaming, communicating, and social networking; Downloadable software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual reality and augmented reality experiences; Downloadable software for operating, configuring, and managing virtual reality headsets and controllers; Downloadable software for recording, storing, transmitting, receiving, displaying and analyzing data from wearable computer hardware; Downloadable software for use in creating and designing virtual reality and augmented reality software; Virtual reality game computer hardware; Augmented reality game computer hardware; Mixed reality game computer hardware; Virtual reality computer hardware; Augmented reality computer hardware; Downloadable electronic game software in the nature of video games, computer games, interactive multimedia games, and virtual, augmented, and mixed reality games; Downloadable software for accessing and viewing text, images and electronic data relating to conferences in the field of software development; Downloadable software for converting natural language into machine-executable commands; Downloadable software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms; Downloadable software for providing consumer information; Downloadable software for providing electronic maps; Location-aware downloadable software for searching, determining, and sharing locations; Downloadable software for searching and identifying employment opportunities; Downloadable software for identifying and allowing users to contact government representatives; Downloadable software providing location-based weather information; Downloadable software providing, linking to, or streaming news or current events information; Downloadable software for enabling electronic devices to share data and communicate with each other; Computer peripheral devices; Cameras; Batteries; Battery cases; Battery packs; Rechargeable electric battery devices, namely, rechargeable batteries and portable power supplies; Battery chargers; Rechargeable external battery packs for use with mobile electronic devices; Power adapters; Electrical adapters, cable, and connectors; Audio speakers; Electrical audio and speaker cables and connectors; Electronic cables; Cables for optical signal transmission; Power cables and cable connectors; Microphones; Audio receivers; Audio transmitters; Receivers of electronic signals; Video receivers; Wireless transmitters and receivers for reproduction of sound and signals; Electric sensors; Downloadable software for use in customer relationship management (CRM); Downloadable software for facilitating and arranging for the financing and distribution of fundraising and donations; Downloadable software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant message and online social networking services; Radio receivers and transmitters; GPS receivers; Downloadable software to allow users to perform e-commerce transactions via the internet and communications networks; Downloadable computer software that allows users to make payments and transfer funds; Downloadable computer software that enables online users to make payments and transfer funds across multiple websites and mobile applications; Downloadable computer software for processing electronic payments; Downloadable software for facilitating machine learning; Downloadable software for building user interfaces; Downloadable software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices, namely, mobile phones, smartphones, handheld computers and computer tablets; Downloadable software for the synchronization of data between a remote station or device and a fixed or remote station or device; Downloadable software used for controlling stand-alone voice controlled information and personal assistant devices; Downloadable software for voice recognition for use in connection with the transmission of voice and data; Downloadable software for accessing, browsing, and searching online databases, audio, video, and multimedia content, games, and software applications, and software application marketplaces; Downloadable software for use to connect and control internet of things (IoT) electronic devices; Downloadable software for processing, reproducing, synchronizing, recording, organizing, downloading, uploading, transmitting, streaming, receiving, playing and viewing text, multimedia and data files; Downloadable software in the nature of a mobile application for telecommunication services for providing transmission of voice, data, video, and media content via the internet and the worldwide web for computers or other portable consumer electronic devices; Downloadable software for searching television entertainment exploration guides; Downloadable software for searching, locating, compiling, indexing, correlating, navigating, obtaining, downloading, receiving, encoding, decoding, playing, storing and organizing text, data, images, graphics, audio and video on a global computer network; Downloadable software for formatting and converting content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works into a format compatible with portable electronic devices and computers; Telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; Electronic personal organizers; Wearable computer hardware; Downloadable software for accessing, browsing and searching online databases; Downloadable software for accessing, monitoring, searching, displaying, reading, recommending, sharing, organizing, and annotating news, sports, weather, commentary, and other information, content from periodicals, blogs, and websites, and other text, data, graphics, images, audio, video, and multimedia content; Apparatus for recording, transmission or reproduction of sound or images; Apparatus for transmission of communication; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for use as a digital wallet; downloadable computer software for use as an electronic wallet; downloadable software for providing a digital wallet; Downloadable software for use in managing portfolios of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for use as a digital wallet; downloadable computer software for use as an electronic wallet; Downloadable software which facilitates the ability of users to view, analyze, record, store, monitor, manage, trade and exchange digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Downloadable software for sending, receiving, accepting, buying, selling, storing, transmitting, trading and exchanging digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Downloadable software for implementing and recording financial transactions; Downloadable software for accessing financial information and market data and trends; Downloadable software for providing authentication of parties to a financial transaction; Downloadable software for maintaining ledgers for financial transactions; Downloadable software for the management of cryptographic security of electronic transmissions across computer networks; Downloadable software for encrypting and enabling secure transmission of digital information over the Internet; Downloadable software for allowing users to calculate parameters related to financial transactions; Downloadable software for electronic funds transfer; Downloadable software for currency conversion; Downloadable software for the collection and distribution of data; Downloadable software for connecting computers to local databases and global computer networks; Downloadable software for creating searchable databases of information and data; Downloadable software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token and utility token transactions; Downloadable software for creating and managing smart contracts; Downloadable software for managing payment and exchange transactions; Downloadable software for creating a decentralized and open source digital currency, virtual currency, cryptocurrency, digitized assets, digital token for use in blockchain-based transactions; Downloadable software for processing electronic payments and for transferring funds to and from others; Downloadable software for use in the management and implementation of digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token transactions; Downloadable software for creating and managing a blockchain platform for use in managing digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token accounts; Downloadable software for managing crypto currency and digital currency accounts; Downloadable software for use in managing the conversion of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens into hard currency; Downloadable software for developing, deploying, and managing software applications, and integrating software applications for digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token accounts; Downloadable software for use as an application programming interface (API) for the development, testing, and integration of blockchain software applications; Computer hardware for digital currency, virtual currency, cryptocurrency, digital and blockchain asset, and digitized asset mining; Electronic currency converters; Downloadable software for creating tokens to be used to pay for products and services, and that may be traded or exchanged for cash value; Downloadable software for managing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized asset, digital token, crypto token and utility token payments, money transfers, and commodity transfers; Downloadable software for use as an application program interface (API) software for use in computer hardware device identification; Downloadable software for use in authenticating user access to computers and computer networks; Downloadable software for use in facilitating secure transactions; Downloadable software for network identification verification, authentication and management services for security purposes; Downloadable authentication software for controlling access to and communications with computers and computer networks; Magnetically encoded credit cards and payment cards; security token hardware; Downloadable software used in issuing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Downloadable software used in auditing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens

Class 35 –

Advertising via electronic media; Dissemination of advertising for others via a global computer network; Preparation and realization of media and advertising plans and concepts; Design of advertising materials for others; Ad serving, namely, placing advertisements on websites for others; Advertising services, namely, providing classified advertising space via the internet and other communication networks; Promoting the goods and services of others via computer and communication networks; Promoting the goods and services of others by means of distributing video advertising on via the internet and other communications networks; Providing promotional events via live streaming video; Marketing and promotion services; Consulting services in the fields of advertising and marketing; Business assistance and consulting services; Business consultation in the field of telecommunications; Business management consulting services to enable business entities, non-governmental organizations and non-profit organizations to develop, organize, and administer programs to offer greater access to global communications networks; Business networking services; Promoting sales for others by facilitating pre-paid gift card services, namely, issuing gift card certificates that may be redeemed for goods or services; Advertising services for promoting public awareness about charitable, philanthropic, volunteer, public and community service and humanitarian activities; Business consultancy services for professionals and businesses in the field of mobile software application development; Online retail store services featuring virtual reality and augmented reality hardware and software; Online retail store services featuring virtual reality content and digital media, namely, pre-recorded music, video, images, text, audiovisual works and virtual and augmented reality game software; Providing online marketplaces for sellers of goods and/or services; Business intermediary services in the nature of facilitating the exchange and sale of services and products of third parties via computer and communication networks; Providing telephone directory information via global communications networks; Business assistance services, namely, customer relationship management; Marketing research, namely, advertising campaign and consumer preferences research and analysis; Business information management, namely, reporting of business information and business analytics in the fields of advertising and marketing; Promoting the public interest and awareness of issues involving access to the internet for the global population; Association services, namely, promoting the adoption, acceptance and development of open source computer technologies; Organizing business networking events in the field of open source software; Promoting voluntary common industry standards for software development and execution; Arranging and conducting business conferences; Arranging and conducting business conferences in the field of programming language development and use; Conducting business investigations in the field of social media; Marketing, advertising and promotion services; Business and advertising services; Market intelligence services; Providing a website featuring an online marketplace for selling and trading virtual goods with other users; Arranging and conducting special events for business purposes; Blockchain as a service, namely, business advice and information in the field of blockchain technology

Class 36 –

Electronic processing of bill payment data for users of the internet and communication networks; Payment transaction processing services; Electronic funds transfer services; Electronic credit card, debit card, and gift card transaction processing services; Charitable services, namely, coordination of the procurement and distribution of monetary donations from individuals and companies to third-parties; Providing bill payment services via electronic mobile applications; Financial services, namely, providing a virtual currency for use by members of an online community in connection with video games, live streaming content, and video on demand content via the internet and communications networks; Financial exchange; virtual currency exchange; electronic transfer of virtual currencies; Financial affairs, namely, financial management, financial planning, financial forecasting, financial portfolio management and financial analysis and consultation; Financial information provided by electronic means; bill payment services provided via an electronic wallet; Electronic banking services via a global computer network; Currency trading; electronic payment services involving electronic processing and subsequent transmission of bill payment data; Facilitating transfers of electronic cash equivalents; News reporting services in the field of financial news; Financial services, namely, providing virtual currency services for use by members of an online community via a global computer network; Issuance of tokens of value; Financial services, namely, providing a financial exchange for the trading of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Cryptocurrency trading services; Cryptocurrency exchange services; Cryptocurrency payment processing; Processing electronic payments through electronic wallet services; Currency transfer services; Financial services, namely, providing electronic transfer of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Financial consultation in the field of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Currency exchange services; Investment management services; Monetary exchange; Clearing and reconciling financial transactions; Financial information services; Electronic financial trading services; Electronic financial trading, namely, trading of the field of digitized assets; Providing on-demand and real-time financial information about digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Electronic trading of financial instruments

Class 38 –

Telecommunications services, namely, electronic transmission of electronic media, data, messages, graphics, images, photos, videos, audio visual content and files; Telecommunication services, namely, data transmission and reception services via telecommunication networks; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Photo, video, and data sharing services, namely, electronic transmission of digital photo files, videos, and audio visual content among internet users; Telecommunication services, namely, electronic exchange of voice, data, audio, video, text and graphics accessible via the internet and other communications networks; Providing access to computer, electronic and online databases; Providing access to computer databases in the fields of social networking and social introduction and dating; Providing online forums for communication on topics of general interest; Providing online chat rooms, instant messaging services, and electronic bulletin boards; Chatroom services for social networking; Providing online communications links which transfer mobile device and internet users to other webpages; Audio, text and video broadcasting services over the internet or other communications network; Voice over internet protocol (VOIP) service; Telephony communication services; Mobile phone communication services; Video conferencing services; Providing facilities and equipment for video conferencing; Audio and visual teleconferencing services; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Telecommunications services, namely, electronic transmission of virtual reality content and data; Web messaging services; Instant messaging services; Encrypted electronic transmission and delivery of recovered data; Provision of access to telecommunication networks and the internet; Consulting in the field of telecommunication services, namely, transmission of voice, data, and documents via telecommunications networks; Internet service provider services; Internet broadcasting services; Telecommunications services, namely, providing internet access via broadband networks; Streaming and live streaming of audio, visual and audiovisual gaming content via a global computer network

Class 40 –

Providing information, news, and commentary in the field of custom manufacturing of paper products

Class 41 –

Providing a computer game for use network-wide by network users; Providing online non-downloadable game software; Virtual reality game services provided via the internet and other communications networks; Augmented reality game services provided via the internet and other communications networks; Augmented reality video production for entertainment purposes; Virtual reality video production for entertainment purposes; Multimedia entertainment production and publishing services; Entertainment services in the nature of production and post-production services of multimedia entertainment content; Providing information about online computer games and video games via the internet and other communications networks; Arranging and conducting educational conferences; Organizing exhibitions, conferences, and events in the field of software development for educational purposes; Offering and conducting contests for educational and entertainment purposes for software developers; Educational services, namely, organizing and conducting conferences and seminars in the fields of artificial intelligence and the internet of things; Educational services, namely, organizing and conducting conferences, courses, seminars, and online training in the fields of advertising, marketing, social networking, the internet, and social media, and distribution of course material in connection therewith; Training in the field of design, advertising and communication technologies; Training in the field of strategic media planning relating to advertising, marketing and business; Providing information in the field of entertainment; Providing entertainment information including text, electronic documents, databases, graphics, photographic images and audio visual information, via the internet and other communications networks; Arranging and conducting educational conferences in the field of software development; Publication of educational materials, namely, publishing of articles, manuals, journals and blogs in the fields of software development, artificial intelligence, machine learning, and building user interfaces

Class 42 –

Design and development of computer hardware and software; Providing temporary use of non-downloadable software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices, namely, mobile phones, smartphones, handheld computers and computer tablets; Technical consultation in the field of mobile application software development related to the use and functionality of hyperlinks; Providing temporary use of non-downloadable software that gives users the ability to engage in social networking and manage their social networking content; Computer services, namely, creating an online community for registered users to engage in social networking; Providing temporary use of non-downloadable software for creating, managing and accessing user-created and administered groups within virtual communities; Providing temporary use of non-downloadable software for creating and managing social media profiles and user accounts; Providing temporary use of non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text, content, and data; Providing temporary use of non-downloadable software that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; Providing temporary use of non-downloadable software for viewing and interacting with a feed of electronic media, namely, images, audio-visual and video content, live streaming video, commentary, advertisements, news, and internet links; Providing temporary use of non-downloadable software for finding content and content publishers, and for subscribing to content; Providing temporary use of non-downloadable software for organizing images, video, and audio-visual content using metadata tags; Providing temporary use of non-downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, transmitting, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks; Application service provider (ASP) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, transmitting, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks; Providing temporary use of non-downloadable software for sending and receiving electronic messages, alerts, notifications and reminders; Providing temporary use of non-downloadable software to facilitate interactive discussions via communication networks; Providing temporary use of non-downloadable software for organizing events, searching for events, calendaring and managing events; Providing temporary use of non-downloadable software for modifying photographs, images and audio, video, and audio-video content; Providing temporary use of non-downloadable computer software for use in taking and editing photographs and recording and editing videos; Application service provider (ASP) featuring software to enable or facilitate taking and editing photographs and recording and editing videos; Providing temporary use of non-downloadable software for streaming multimedia entertainment content; Providing temporary use of non-downloadable computer software for enabling transmission of images, audio, audio visual and video content and data; Providing temporary use of non-downloadable software for streaming multimedia entertainment content; Computer services, namely, providing search engines for obtaining data via the internet and communications networks; Providing search engines of online network environments to provide information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, electronic media, images and audio visual content, via the internet and communications networks; Application service provider (ASP) services, namely, hosting software applications of others; Providing temporary use of non-downloadable software for providing, linking to, or streaming news or current events information; Providing temporary use of non-downloadable e-commerce software to allow users to perform electronic business transactions via the internet and communications networks; Application service provider (ASP) featuring application programming interface (API) software to allow users to perform electronic business transactions via the internet and communication networks; Software as a service (SAAS) services featuring software for sending and receiving electronic messages, notifications and alerts and for facilitating electronic business transactions via the internet and communications networks; Providing temporary use of non-downloadable software for use in designing, managing, measuring, analyzing, disseminating, and serving advertising of others; Application service provider (ASP) featuring application programming interface (API) software for creating, managing, tracking, reporting and measuring advertising of others; Providing non-downloadable software for allowing buyers and sellers of online advertising to purchase and sell advertising inventory; Providing temporary use of non-downloadable software for creating, sharing, disseminating and posting advertising; Providing temporary use of non-downloadable software for creating and maintaining an online presence for individuals, groups, companies, and brands; Providing temporary use of non-downloadable software for advertisers to communicate and interact with online communities; Providing temporary use of non-downloadable software for curating online user-defined content and advertisements and creating social media feeds; Designing and developing computer game software and video game software for use with computers, video game program systems and computer networks; Providing temporary use of non-downloadable software that gives users the ability to upload, modify and share virtual reality content, augmented reality content, mixed reality content, information, experiences and data; Providing user authentication services using single sign-on and software technology for e-commerce transactions; Providing user authentication services of electronic funds transfer, credit and debit card and electronic check transactions using single sign-on and software technology; Providing temporary use of non-downloadable software for processing electronic payments; Platform as a service (PAAS) services featuring computer software to allow users to perform business and e-commerce transactions; Application service provider (ASP) featuring software for providing electronic maps; Providing temporary use of non-downloadable computer software for searching, determining, and sharing locations; Providing temporary use of non-downloadable software for searching and identifying local and location-based points of interest, events, landmarks, employment opportunities, entertainment, cultural events, shopping and offers; Providing temporary use of non-downloadable computer software for making reservations and bookings; Application service provider (ASP) featuring software to enable or facilitate making reservations and bookings; Providing temporary use of non-downloadable software that give users the ability to post ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events, public services and government agencies; Providing temporary use of non-downloadable software for providing a virtual marketplace; Providing temporary use of non-downloadable computer software for ordering and/or purchasing goods and services; Application service provider (ASP) featuring software to enable or facilitate ordering and/or purchasing goods and services; Providing temporary use of non-downloadable software for searching and identifying employment opportunities; Providing temporary use of non-downloadable software for identifying and allowing users to contact government representatives; Providing temporary use of non-downloadable software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms; Application service provider (ASP) featuring software to enable or facilitate interaction and communication between humans and AI (artificial intelligence) platforms; Providing temporary use of non-downloadable computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message, instant message, and online social networking services; Application service provider (ASP) services featuring software to enable or facilitate voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message, instant message, and online social networking services;; Development of interactive multimedia software; Maintenance and repair of computer software; Computer services, namely, cloud hosting provider services; Providing temporary use of online non-downloadable cloud computing software for use in electronic storage of data; Computer services, namely, providing remote management of devices via computer networks, wireless networks or the internet; Data encryption services; Providing temporary use of online non-downloadable software and applications for customer relationship management (CRM); Application service provider (ASP) featuring software for customer relationship management (CRM); Computer services, in particular, application service provider featuring application programming interface (API) software for customer relationship management (CRM); Providing temporary use of non-downloadable software for facilitating and arranging fundraising and the distribution of fundraising donations; Research services and consulting in the field of information and telecommunications technology; Design of telecommunications apparatus and equipment; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Computer services, namely, application services provider featuring application programming interface (API) software to allow users to perform e-commerce transactions via the internet and communications networks; Software as a services (SAAS) services featuring software for facilitating e-commerce transactions via the internet and communications networks; Application service provider featuring an application programming interface (API) software to allow users to perform e-commerce transactions via the internet and communications networks; Providing temporary use of non-downloadable software for converting natural language into machine-executable commands; Providing temporary use of non-downloadable computer software for use in performing queries on large amounts of data; Providing temporary use of online non-downloadable software for building user interfaces; Application service provider (ASP) featuring software to enable or facilitate user interface building software; Electronic data storage; Electronic storage of photographs; Providing on-line non-downloadable software for database management; Software as a service (SaaS) featuring computer software for personal information management; Providing temporary use of non-downloadable software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; Software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); Design, development and maintenance of proprietary computer software for others in the field of natural language, speech, language, and voice recognition excluding post-production of picture and sound recordings; Technological services, namely, data warehousing services; Application service provider (ASP), namely, hosting computer software applications through the internet of others; Software as a service (SaaS) services, namely, hosting software for use by others for use providing an online database featuring a wide range of general interest information via the internet; Providing temporary use of non-downloadable computer software that enables users to access and download computer software; Providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, social networks, text files, and multimedia files; Application service provider (ASP) featuring application programming interface (API) software for the streaming, storage, and sharing of video games, content, data and information; Computer software development in the field of mobile applications; Providing technical support services, namely, troubleshooting of computer software problems regarding the usage of communications equipment; Application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) services, featuring e-commerce software for use as a payment gateway that authorizes processing of credit cards or direct payments for merchants; Application service provider (ASP) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via the internet and communications networks; application service provider services featuring application programming interface (API) software to allow users to perform electronic business transactions via a global computer network; Application service provider (ASP) featuring software to enable or facilitate purchasing goods and services; Providing temporary use of non-downloadable software which facilitates the ability of users to view, analyze, record, store, monitor, manage, trade and exchange digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Providing temporary use of non-downloadable software for sending, receiving, accepting, buying, selling, storing, transmitting, trading and exchanging digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Providing temporary use of non-downloadable software for implementing and recording financial transactions, for creating accounts and maintaining and managing information about financial transactions on distributed public ledgers and peer to peer payment networks; Providing temporary use of non-downloadable software for processing electronic payments and for transferring funds to and from others; Providing temporary use of non-downloadable software for use in financial trading; Providing temporary use of non-downloadable software for use in accessing financial information and market data and trends; Providing temporary use of non-downloadable software for the management of cryptographic security of electronic transmissions across computer networks; electronic data storage services; Providing temporary use of non-downloadable software for currency conversion; Providing temporary use of non-downloadable software for the collection and distribution of data; Providing temporary use of non-downloadable software for connecting computers to local databases and global computer networks; Providing temporary use of non-downloadable software for creating searchable databases of information and data; Providing temporary use of non-downloadable software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token and utility token transactions; Providing temporary use of non-downloadable software for creating and managing smart contracts; Providing temporary use of non-downloadable software for managing payment and exchange transactions; Providing temporary use of non-downloadable software for electronically exchanging currency for digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Providing temporary use of non-downloadable software for use in enabling the electronic transfer of funds to and from others; Providing temporary use of non-downloadable software for creating a decentralized and open source digital currency for use in blockchain-based transactions; Providing temporary use of non-downloadable software for creating a decentralized and open source virtual currency for use in blockchain-based transactions; Providing temporary use of non-downloadable software for creating a decentralized and open source cryptocurrency for use in blockchain-based transactions; Providing temporary use of non-downloadable software for encrypting and enabling secure transmission of digital information over the Internet, as well as over other modes of communication between computing devices; Platform as a service (PaaS) featuring computer software platforms for the selling and purchasing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Software as a service (SaaS) featuring computer software platforms for the selling and purchasing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Computer services, namely, creating an on-line virtual environment for the selling and purchasing of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Platform as a service (PaaS) featuring computer software platforms for managing blockchain and token driven, distributed storage computer systems; Software as a service (SaaS) featuring computer software platforms for managing blockchain and token driven, distributed storage computer systems; Data encryption services featuring blockchain software technology and peer-to-peer protocols to provide secure, private, and encrypted cloud storage; Providing temporary use of non-downloadable software for use as a cryptocurrency wallet; Data mining; Platform as a service (PaaS) featuring software platforms for facilitating transactions and payments using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens that allow users to buy from, and sell products and services to others; Software as a service (SaaS) featuring software platforms for facilitating transactions and payments using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens that allow users to buy from, and sell products and services to others; Providing temporary use of non-downloadable software for use in facilitating secure transactions; Providing temporary use of non-downloadable software for auditing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Providing temporary use of non-downloadable software for users to buy and sell products by using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens; Platform as a service (PaaS) featuring computer software platforms for computer system and application development, deployment, and management; Software as a service (SaaS) featuring computer software platforms for computer system and application development, deployment, and management; Providing temporary use of non-downloadable software enabling users to develop, build and run distributed applications through an open-source peer-to-peer smart-contract and payment network platform; Providing temporary use of non-downloadable authentication software for controlling access to and communications with computers and computer networks; Providing temporary use of non-downloadable software for use in the exchange of virtual items; Providing temporary use of non-downloadable software for use in issuing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens

Class 45 –

Online social networking and dating services; Social networking, social introduction and dating services provided via access to computer databases and online searchable databases in the fields of social networking, social introduction and dating; Providing information in the fields of social networking and social introduction; Regulatory compliance consultancy in the field of digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token applications

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.

Multiple-Class Application Requirements

The application identifies goods and/or services that are classified in at least 8 classes; however, applicant submitted a fee(s) sufficient for only 7 class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01. For more information about adding classes to an application, see the Multiple-class Application webpage.

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.

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.

Advisory - Rule 2.61(b) Request for Additional Specimen Submissions

Given the wide variety and range of goods and services that applicant has listed in the application, when submitting an amendment to allege use or a statement of use, applicant must submit additional specimens to allow for a complete and accurate examination of the application and assessment of the registrability of the subject mark, in accordance with Rule 2.61(b). 37 C.F.R. §2.61(b); see TMEP §904.01(a).

Applicant will be required to submit specimens demonstrating use of the mark on all of the following goods/services:

· Motion tracking sensors for virtual reality and augmented reality technology

· Batteries

· External chargers for use with computers, tablet computers, mobile devices and mobile telephones

· Wall mounts for mounting mobile electronic devices

· GPS receivers

· Headsets and headphones

· Cameras

· Virtual reality hardware, namely, headsets, glasses, and controllers for engaging in virtual reality experiences and playing virtual reality games

· Electronic personal organizers

· Electronic currency converters

· Holders for mobile electronic devices

· Sensors for monitoring physical movements

· Association services, namely, promoting the adoption, acceptance and development of open source computer technologies

· Currency exchange services

· Currency trading

· Brokerage services

· Financial affairs, namely, financial management, financial planning, financial forecasting, financial portfolio management and financial analysis and consultation

· Arranging and conducting business conferences in the field of programming language development and use

· Investment management services

· Custodial services for financial institutions and funds

· Providing internet connectivity

· Arranging and conducting educational conferences

· Entertainment services, namely, arranging and conducting of competitions for encouraging use and development of interactive entertainment, virtual reality, augmented reality, consumer electronics, and video game entertainment software and hardware

· Rental of photography and videography kiosks for capturing, uploading, editing and sharing of pictures and videos

· Development of hardware for use in connection with electronic and interactive multimedia games

· Design of telecommunications apparatus and equipment

· Application service provider (ASP) services featuring software for use in virtual currency, digital currency, cryptocurrency, and digital asset exchange and transactions

· Providing software for use as a cryptocurrency wallet

· Providing temporary use of non-downloadable software for creating a decentralized and open source virtual currency for use in blockchain-based transactions

· Authentication services

If applicant is unable to provide specimens to support use of these items, applicant must delete these entries.

Failure to comply with a requirement to furnish additional specimens is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that evidence is available on applicant’s or a third party website or providing a hyperlink of such a website is an insufficient response and will not make the additional specimens of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

How to respond. Click to file a response to this nonfinal Office action.

/Tejbir Singh/

Trademark Attorney

Law Office 106

571-272-5878

571-273-9106 (fax)

Tejbir.Singh@uspto.gov

RESPONSE GUIDANCE

Missing the response deadline to this letter will cause the application to abandon. A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period. TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.

Responses signed by an unauthorized party are not accepted and can cause the application to abandon. If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant. If applicant has an attorney, the response must be signed by the attorney.

If needed, find contact information for the supervisor of the office or unit listed in the signature block.

U.S. Trademark Application Serial No. 90157769 - FACEBOOK - 1209360

To:	Facebook, Inc. (tmadmin@kilpatricktownsend.com)
Subject:	U.S. Trademark Application Serial No. 90157769 - FACEBOOK - 1209360
Sent:	January 04, 2021 11:52:58 AM
Sent As:	ecom106@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on January 04, 2021 for

U.S. Trademark Application Serial No. 90157769

Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned. Please follow the steps below.

(1) Read the official letter.

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

/Tejbir Singh/

Trademark Attorney

Law Office 106

571-272-5878

571-273-9106 (fax)

Tejbir.Singh@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).

(3) Respond within 6 months (or earlier, if required in the Office action) from January 04, 2021, using the Trademark Electronic Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the response period. See the Office action for more information about how to respond

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.”