Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  March 16, 2021

 

 

USPTO database searched; no conflicting marks found.  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.

 

Application has been amended as shown below.  As agreed to by Anthony Joseph Magee on March 15, 2021, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows:

 

009: Downloadable augmented reality software for exploring, navigating around, and using real world environments; downloadable augmented reality software for exploring, navigating around, and using real world educational buildings, structures, and facilities and obtaining student-related information; downloadable augmented reality software for exploring, navigating around, and using real world gymnasiums and health and fitness buildings, structures, and facilities and exercise equipment; downloadable software for using fitness workout routines and diet plans, and tracking and logging related progress and analytics; downloadable augmented reality software for exploring, navigating around, and using real world buildings, structures, and facilities, namely, airports, shopping malls, grocery stores, theme parks, and casinos; downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using educational buildings, structures, and facilities and obtaining student-related information; downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using gymnasiums and health and fitness buildings, structures, and facilities and exercise equipment; downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using buildings, structures, and facilities, namely, airports, shopping malls, grocery stores, theme parks, and casinos

 

042: Providing temporary use of online non-downloadable augmented reality software for exploring, navigating around, and using real world environments; providing temporary use of  online non-downloadable augmented reality software for exploring, navigating around, and using real world educational buildings, structures, and facilities and obtaining student-related information; providing temporary use of online non-downloadable augmented reality software for exploring, navigating around, and using real world gymnasiums and health and fitness buildings, structures, and facilities and exercise equipment; providing temporary use of online non-downloadable software for using fitness workout routines and diet plans, and tracking and logging related progress and analytics; providing temporary use of online non-downloadable augmented reality software for exploring, navigating around, and using real world buildings, structures, and facilities, namely, airports, shopping malls, grocery stores, theme parks, and casinos; providing temporary use of online non-downloadable augmented reality software for mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using educational buildings, structures, and facilities and obtaining student-related information; providing temporary use of online downloadable augmented reality software for mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using gymnasiums and health and fitness buildings, structures, and facilities and exercise equipment; providing temporary use of online non-downloadable augmented reality software for mobile devices for integrating electronic data with real world environments for the purpose of exploring, navigating around, and using buildings, structures, and facilities, namely, airports, shopping malls, grocery stores, theme parks, and casinos

 

See TMEP §§1402.01, 1402.01(e).

 

ADVISORY: PUBLICATION REVIEW PROCEDURE

 

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition. 

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

 

 

/Nathaniel Pettican/

Nathaniel Pettican

Examining Attorney

Law Office 108

(571) 272-1087

nathaniel.pettican@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 16, 2021 for

U.S. Trademark Application Serial No. 90254030

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

 

/Nathaniel Pettican/

Nathaniel Pettican

Examining Attorney

Law Office 108

(571) 272-1087

nathaniel.pettican@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).

 

 

 

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.”