To: | Ask Rose Inc. (dctrademarks@dlapiper.com) |
Subject: | U.S. Trademark Application Serial No. 90275256 - ROSE - N/A |
Sent: | May 03, 2021 03:13:07 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90275256
Mark: ROSE
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Correspondence Address: |
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Applicant: Ask Rose Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: May 03, 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 Devika Persaud, Esq., on April 7, 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).
The identification of goods and services is amended to read as follows:
Class 9: Downloadable computer application software for mobile phones, namely, software for communication between patients and care providers in the field of mental health counseling and therapy; downloadable mobile application software for software for communication between patients and care providers in the field of with mental health counseling and therapy; Digital media, namely, downloadable audio files, video recordings, and audio/visual recordings featuring materials in the field of mental health and therapy; downloadable mobile application software for creating and maintaining a personal journal for mental health and therapy purposes; downloadable mobile application for a mental health assessment tool; downloadable mobile application for personalized mental health analysis, information, assessment, and recommendations; downloadable mobile application for mental health analysis, information, assessment, and recommendation to others
Class 42: Platform as a service, featuring a web-based dashboard for clinicians and providers in the field of mental health therapy; providing temporary use of on-line non-downloadable software for accessing, reading, and tracking information in the field of patient monitoring and communication for use by mental health clinicians and professionals; platform as a service featuring an online mental health assessment tool to obtain personalized mental health analysis, information, assessment, and recommendations; platform as a service featuring an online mental health assessment tool to provide personalized mental health analysis, information, assessment, and recommendations
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.
/Arsi Hagos/
Arsi Hagos
Trademark Examining Attorney
Law Office 108, USPTO
571-272-9516
arsi.hagos@uspto.gov