To: | SAFEMOON US, LLC (mail@ipcounselors.com) |
Subject: | U.S. Trademark Application Serial No. 90691335 - SAFEMOON - 5190-500 |
Sent: | January 12, 2022 07:00:15 PM |
Sent As: | ecom103@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90691335
Mark: SAFEMOON
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Correspondence Address: 60 East 42nd Street, Suite 2520
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Applicant: SAFEMOON US, LLC
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Reference/Docket No. 5190-500
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: January 12, 2022
The referenced application has been reviewed by the assigned trademark examining attorney. 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
The words “IOS,” “ANDROID,” and “WINDOWS” in the identification of goods are registered marks not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See attached U.S. Registration No(s). 4394043, 4692657 and 1872264.
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording, such as a registered term. See TMEP §§1402.01, 1402.09. The misspelling or phonetic equivalent of a registered mark should similarly be excluded, unless it is the common name of the goods and/or services. TMEP §1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods and/or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
Applicant may replace such wording with the following, if appropriate:
International Class 9: Downloadable computer application software for mobile phones, namely, software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.}; Downloadable computer software development tools; Downloadable computer software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.}
If the applicant has any questions or needs assistance in responding to this Office action, please email the assigned examining attorney or call 571-272-9281.
How to respond. Click to file a response to this nonfinal Office action.
/tmm/
Theodore McBride
Law Office 103
theodore.mcbride1@uspto.gov
phone: 571-272-9281
RESPONSE GUIDANCE