To: | Alion Science and Technology Corporation (ipdocket@foxrothschild.com) |
Subject: | U.S. Trademark Application Serial No. 90199739 - VIPER - 146628.90024 |
Sent: | February 10, 2021 06:08:45 AM |
Sent As: | ecom118@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90199739
Mark: VIPER
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Correspondence Address:
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Applicant: Alion Science and Technology Corporation
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Reference/Docket No. 146628.90024
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 10, 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 OF USPTO DATABASE OF MARKS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting registered marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02. However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.
PRIOR-FILED APPLICATIONS
The filing dates of pending U.S. Application Serial Nos.
88885937 VIPERS
88935357 VIPER
85118444 VIPER
77441560 VIPER
90008779 SHADOWVIPER
88643524 VIPER SAAS
precede applicant’s filing date. See attached referenced applications. If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION AND CLASSIFICATION OF GOODS/SERVICES
Applicant may adopt the following identification, if accurate:
CLASS 009
Computer hardware and peripheral devices and recorded software applications having a graphical user interface for use in predicting radio frequency (RF) propagation loss in a real-world environment over urban, suburban, and irregular terrain types, including both flat and curved surfaces; downloadable computer software for use in performing three-dimensional analysis of surface reflection and diffraction and for use in analyzing terrain, surface materials and environmental obstacles
CLASS 042
Providing temporary use of non-downloadable cloud-based software platform having a graphical user interface for use in predicting radio frequency (RF) propagation loss in a real-world environment over urban, suburban, and irregular terrain types, including both flat and curved surfaces; Providing temporary use of non-downloadable computer software for use in performing three-dimensional analysis of surface reflection and diffraction and for use in analyzing terrain, surface materials and environmental obstacles
DESCRIPTION ADVISORY: Identifications of goods/services are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the date an application is filed (although an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed). See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1402.14. For guidance on drafting acceptable identifications of goods/services, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Law Office 118
tasneem.hussain@uspto.gov (preferred)
571.272.8273
RESPONSE GUIDANCE