Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  March 24, 2022

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney has searched the USPTO database of registered and pending marks and has 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 Kayla Tyler on March 24, 2022, 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: 

 

Class 9: Recorded software for the automatic configuration of computer networks, programs, peripherals, hardware and other computer devices, internet browsing software; recorded software for use in connection with the transmission of voice and data; downloadable computer programming software and downloadable computer development software, namely, software development tools for the creation of software applications; downloadable multimedia computer software for the reproduction, processing and streaming of audio, video, and other digital content; voice-activated software, namely, downloadable software for controlling stand-alone voice controlled information devices comprised of cloud-connected and voice-controlled information devices; recorded computer operating system software; downloadable operating system software sold as a component of computers; downloadable computer software for creating, uploading, and sharing 3D images and models; downloadable software for manipulating, improving, providing and supporting 4K resolution, High Dynamic Range (HDR) capabilities, true color rendering, environmental contrast, and brightness adaptation for electronic screens and displays; downloadable computer software for creating graphics and using visual image technology in augmented reality and virtual reality; downloadable malware protection software; downloadable software for securing access to laptops, phones, and computers; downloadable facial recognition software; downloadable fingerprint recognition software; downloadable iris recognition software; downloadable software that enables a user to hand-write notes and text with a digital pen onto touch-enabled devices; downloadable software that interprets hand-written content on touch-enabled devices; downloadable computer software for creating, editing, uploading and sharing digital drawing; downloadable software that allows for annotations to image via digital ink; downloadable software for connecting a smartphone or tablet computer to a monitor, mouse, and keyboard and project the desktop to the monitor; recorded computer software for playing video and electronic games and computer games; recorded computer software for storing, accessing and synchronizing documents, photos and data; a full line of downloadable business and home computer programs for business operations, business management, accounting, productivity management and marketing in the fields of business, household management, and computer e-commerce applications software for allowing users to perform electronic business transactions via a global computer network for home and business use; recorded computer programs, namely, word processing programs, address book programs, calculator programs, programs for downloading and playing audio and video, programs for managing computer power supplies, programs for use in transmitting data between computers and other electronic devices, computer maintenance programs, programs for providing enhanced special effects while running game programs, programs for use in accessing and playing CDs and DVDs, browser programs, accessibility programs to make computers more useful for persons with disabilities, paint programs for use in creating, editing and coloring drawings, electronic mail programs, programs for electronic conferencing, programs for note-taking, programs for managing email accounts, passwords, calendars and contacts; downloadable computer operating system programs and downloadable computer utilities programs for performing computer maintenance; computers; laptops; tablet computers; removable hard drive based computer backup and storage systems; computer peripherals; carrying cases for computers, laptops, tablet computers, mobile phones, smartglasses; web cameras; protective covers and cases for computers, laptops, tablet computers, mobile phones, smartglasses; computer servers; portable electronic devices, namely, mobile computers, handheld computers, laptops, tablet computers, mobile phones

 

Class 16: Printed publications, namely, user manuals, training manuals, teaching materials, instruction guides, reference guides, newsletters, magazines, books, all of the foregoing in the fields of computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games

 

Class 35: Online retail store services featuring a wide variety of consumer goods of others; online retail store services featuring computers, computer hardware, computer peripherals, laptops, tablets, portable music players, personal digital assistants, cell phones, digital media streaming devices, computer software, applications for personal computers, video game consoles, video game controllers, video games, gaming software, gaming equipment, security services, downloadable movies and television shows, webcams, books, clothing, back packs, messenger bags, computer bags, notebooks, journals, laptop sleeves, stickers, pens, pencils, toys, gift cards and novelty items; conducting trade shows and exhibitions in the field of computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games

 

Class 38: Telecommunication services for providing multiple-user access to a global computer network; telecommunications services, namely, offering personal communications services via wireless networks; electronic transmission of email; instant messaging services; providing voice chat services; streaming of audio and video content via a global computer network; electronic transmission of messages, documents, images, music, games and data

 

Class 39:  Class Deleted

 

Class 41: Entertainment services, namely, providing an Internet website portal featuring interactive information and links relating to entertainment news, music, movies, video, games, news, sports, weather, traffic via a website and taskbar; entertainment services, namely, providing entertainment, sports, music, news, and current events continuing programs by means of telecommunications networks, computer networks, the internet, satellite, radio, wireless communications networks, television, and cable television; education services, namely, arranging, organizing, conducting, and presenting educational seminars, workshops, classes, non-downloadable webinars, educational conferences, online instruction, online tutorials, and distance learning programs, all in the field of technology, productivity, computing, computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games

 

Class 42: Software as a service (SaaS) services featuring software for operating networked computers; software as a service (SaaS) services featuring software for security, user authentication, password and log in management and protection; software as a service (SaaS) services featuring software for use in connection with task management and tracking workflow and business information; computer services, namely, remote hosting of operating systems for others; computer services, namely, remote hosting of computer applications of others; computer services, namely, providing software updates via computer networks and global communication networks; providing technical information in the fields of computer hardware, computer software, computer operating systems, cloud computing, database and web applications, all offered via computer networks and global communications networks; providing online non-downloadable computer programs for accessing global communication networks; providing on-line non-downloadable computer software programs accessible over a global computer network for managing computer applications; providing online non-downloadable computer software programs for accessing global communication networks and displaying content therefrom; providing on-line non-downloadable computer software programs for e-mail, internet access, calendaring, creating and editing documents, note-taking, project management, electronic publishing, making presentations, storytelling, business intelligence, database management, and productivity; providing online non-downloadable computer programs for downloading, streaming, and playing music, audio, videos and internet radio broadcasts; Electronic storage of files, documents, and data

 

Class 45: Licensing of computer programs and computer software; online social networking services

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Evelyn Kelley/

Evelyn Kelley

Trademark Examining Attorney

Law Office 127

(571) 270-7321

evelyn.kelley@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 24, 2022 for

U.S. Trademark Application Serial No. 90792707

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You may be required to respond to this Office action.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action, if a response is required.  Respond by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

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 to ensure you receive important USPTO notices about your application.

 

·         Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·         Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.