Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  August 30, 2022

 

 

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

 

The above-referenced application is partially abandoned because applicant failed to file a response to the Office action dated February 14, 2022.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).  To avoid partial abandonment, a response was due within six months from the date on which the USPTO sent the previous Office action; however, no response was received within this time period.  See TMEP §711. 

 

The outstanding Office action included a refusal that applied to only a portion of the application; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

 

The portion of the identification that was the subject of the refusal will be deleted from the application.  The application will proceed with the following identification:

 

Class 9:           “Downloadable and recorded computer software for providing computer security; downloadable and recorded computer software for computer security risk and threat analysis, assessment, management, remediation, and elimination; downloadable and recorded computer anti-virus software; downloadable and recorded computer software for providing anti-virus scanning, detection, identification, security, management, remediation, and elimination of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computer systems, servers, and electronic devices; downloadable and recorded computer software for computer security risk and threat analysis, assessment, management, remediation, and elimination for protecting computer hardware, systems, servers, data, and electronic devices; downloadable and recorded computer software in the nature of cybersecurity software tools for assessing the vulnerability of computer networks and for constant cybersecurity monitoring; downloadable and recorded computer software for calculating and simulating security breaches while providing suggestions to protect cybersecurity; downloadable and recorded computer software for collecting relevant configuration details through agents continuously monitoring the entire fleet of digital assets on a real-time basis; downloadable and recorded computer software for providing real-time, on-demand comprehensive configuration and vulnerability assessments; downloadable and recorded computer software restricting unauthorized access to computer systems as part of information security management downloadable and recorded computer software for cybersecurity and computer security; downloadable and recorded computer software for use in preventing unauthorized access to and misuse of computer systems, identifying and detecting viruses, worms, trojans, spyware, adware, malware, and ransomware, authenticating domain-based email messages, and identifying malicious websites; downloadable and recorded computer security software, namely, software for cybersecurity monitoring and control of network activities on a computer; downloadable and recorded computer security software for assessing and quantifying digital security risks, threats, hacks, and data leakage across networks for cybersecurity; downloadable and recorded computer software, namely, software for data gathering, storage, manipulation, management and encryption, and management of security breach incidents and responses, for use in the fields of security, forensic, diagnostic, incident response, and education pertaining to information, computer and internet security; downloadable and recorded computer software for automated cybersecurity, digital forensics, cyber threat intelligence, and incident response; downloadable and recorded computer software for managing security strategy and resources relating to the security risk industry; downloadable and recorded computer programs for managing security strategy and resources for use in the security risk industry; downloadable and recorded computer software for assessing vulnerability, preventing and addressing cybersecurity threats and attacks; downloadable and recorded computer software for monitoring of computer systems for detecting unauthorized access or data breach; downloadable and recorded computer anti-virus and anti-malware software; downloadable and recorded internet security software; downloadable and recorded computer software for detection and prevention of viruses and malware; downloadable and recorded computer software for computer, data and network security; downloadable and recorded computer security software for automatically identifying and sharing computer and network threat intelligence across computer and network security layers; downloadable and recorded computer software for comprehensive network security, intrusion prevention, event alerting, log capture, log analysis, network reporting, backup and recovery of digital and electronic data, and cybersecurity management.” 

 

If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned.  TMEP §§718.02(a), 1714.01(d).  The petition must be filed within two months of the issue date of this letter using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee.  See 37 C.F.R. §§2.23(a), 2.66(a); TMEP §§718.02(a), 1714.01(a), (d).  Once the petition is filed, notify the Petitions Office at 571-272-8950 that a petition to revive a partially-abandoned application was filed, specifying the application serial number.

 

 

 

 

 

/Jason R. Nehmer/

Trademark Examining Attorney

Law Office 121

(571) 270-5303

jason.nehmer@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 30, 2022 for

U.S. Trademark Application Serial No. 90801520

 

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.