To: | Perfect Mobile Corp. (ustrademarks@mqrlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90195994 - AGILEFACE - 251639-3060 |
Sent: | February 08, 2021 10:42:09 AM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90195994
Mark: AGILEFACE
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Correspondence Address: |
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Applicant: Perfect Mobile Corp.
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Reference/Docket No. 251639-3060
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: February 08, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Identification of Goods and Services
Certain wording in the identification of goods and services is indefinite and must be clarified because it does not specify whether the software is downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
“Downloadable computer software, downloadable mobile application software and downloadable software development kits, all for use in image capturing, tracking, recognition and post-processing” in Class 9
Software as a service (SAAS) services featuring non-downloadable software for use in image capturing, tracking, recognition and post-processing; computer and mobile device software application design for image capturing, tracking, recognition and post-processing” in Class 42.
Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted 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.
Questions
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All matters raised above can be handled over the phone. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/John M. Wilke/
Attorney Examiner
Law Office 104
571-272-5871
john.wilke@uspto.gov
RESPONSE GUIDANCE