NOTE TO THE FILE
SERIAL NUMBER: 90175134
DATE: 03/11/2021
NAME: cbuongiorno
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From: Buongiorno, Christopher
Sent: Thursday, March 11, 2021 4:02 PM
To: Lyapis, Irina <ILyapis@winston.com>
Subject: RE: LEIASTREAM / Ser. No. 90175134 / 251183-01021
Dear Ms. Lyapis,
I will permit the language in light of the cited registrations. Please advise whether you would like me to enter the following amendment via Examiner’s Amendment:
Downloadable computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; downloadable computer software for use as an application programming interface (API); downloadable computer software in the nature of an application programming interface (API) for downloadable computer software which facilitates online services for social networking, namely, building social networking applications and for allowing data retrieval, upload, download, access and management of photographs, images, audio-visual and video content; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, and sharing electronic media or information via computer and communication networks; portable and handheld digital electronic devices for recording, organizing, transmitting, receiving, manipulating, playing and reviewing text, data, image, audio and video files; computer hardware and software for use in searching, selecting, playing, streaming, and sharing television, movies, music, podcasts, computer games, images, and other audio, video, data, and multimedia content, and for use in searching, selecting, and using computer applications – Class 9.
Regards,
Christopher Buongiorno
United States Patent & Trademark Office
Law Office 102
(571) 272-9251
From: Lyapis, Irina <ILyapis@winston.com>
Sent: Wednesday, March 10, 2021 9:39 PM
To: Buongiorno, Christopher <Christopher.Buongiorno@USPTO.GOV>
Cc: Franco, Laura <LFranco@winston.com>; Rea, Kirsten E. <KRea@winston.com>
Subject: RE: LEIASTREAM / Ser. No. 90175134 / 251183-01021
Hi Mr. Buongiorno,
Thanks so much for your email. For the clause:
“downloadable computer software in the nature of an application programming interface (API) for downloadable computer software which facilitates online services for social networking, namely[,] building [term “building” is too vague—specify exactly what is meant by “building”] social networking applications and for allowing data retrieval, upload, download, access and management of photographs, images, audio-visual and video content;
I believe the wording is acceptable since similar language has previously been accepted by the USPTO. A handful of examples include Reg. Nos. 6201367, 6185964, 6077815, 5898242, and 6217121.
For the other clause, we will just delete the entire clause related to remote controls. If acceptable the Class 9 identification will be as follows:
Class 9: Downloadable computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; downloadable computer software for use as an application programming interface (API); downloadable computer software in the nature of an application programming interface (API) for downloadable computer software which facilitates online services for social networking, namely building social networking applications and for allowing data retrieval, upload, download, access and management of photographs, images, audio-visual and video content; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, and sharing electronic media or information via computer and communication networks; portable and handheld digital electronic devices for recording, organizing, transmitting, receiving, manipulating, playing and reviewing text, data, image, audio and video files; computer hardware and software for use in searching, selecting, playing, streaming, and sharing television, movies, music, podcasts, computer games, images, and other audio, video, data, and multimedia content, and for use in searching, selecting, and using computer applications
; remote controls for use with portable and handheld digital electronic devices for recording, organizing, transmitting, receiving, manipulating, playing and reviewing text, data, image, audio and video files
Please let us know if this is acceptable.
Best,
Irina