Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  July 06, 2021

 

 This Office action is in response to applicant’s communication filed on June 3, 2021.

 

Upon further consideration of the application, applicant is advised of the following additional issue.

 

In the first Office action, the examining attorney required reclassification of the wording “training services, in the field of systems integration, application integration, and data linking” to Class 41.  In response, the applicant deleted this wording from the identification.

 

The examining attorney also required clarification of the wording “computer software” identified in Class 42 to specify that the software is “non-downloadable” for classification in Class 42, with which the applicant complied in its response. 

 

However, the following wording in Class 42 is misclassified because “downloadable computer software” is classified in Class 9.  Therefore, applicant may amend the identification as follows, if accurate:

Class 9:  “Downloadable software and software applications for third party application connectivity and integration, data synchronization, data integration, data consolidation, data processing, data linking; downloadable software for providing technical support services relating to remote and on-site application management; downloadable software to facilitate interactive communities to exchange information relating to applicant integration”; and

Class 42:  “Software as a service featuring software for third party online application integration and data linking; application service provider featuring application programming interface (API) software for connecting online applications; integration of computer systems and networks; computer services, namely, integration of computer software into multiple systems and networks; computer services, namely, integration of private and public cloud computing environments; computer systems integration services; consulting services in the field of workplace, and business automation; design and development of computer software for facilitating seamless connection between application software; providing an online interactive community to exchange information relating to application integration, workplace and business automation, and technical integration of software applications; technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; non-downloadable computer software for cloud automation and application integration across multiple applications; non-downloadable computer software for connecting and building multi-step integration with web-based applications; non-downloadable computer software for accessing and integrating data and work flows, creating multi-step work flows among applications, providing for data security and confidential actions, and for handling complex logic across multiple applications;

U.S. ACCEPTABLE IDENTIFICATION OF GOODS AND SERVICES MANUAL ONLINE

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.

SCOPE ADVISORY

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

REQUIREMENTS FOR ADDING CLASSES

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

The examining attorney apologizes for the inconvenience to the applicant.

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Carolyn A. Pendleton/

Examining Attorney

Law Office 103

Phone:  571-272-9207

carolyn.pendleton@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 06, 2021 for

U.S. Trademark Application Serial No. 90354908

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Carolyn A. Pendleton/

Examining Attorney

Law Office 103

Phone:  571-272-9207

carolyn.pendleton@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from July 06, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”