NOTE TO THE FILE
SERIAL NUMBER: 90877887
DATE: 03/07/2022
NAME: llavache2
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER: email correspondence:
From: Lavache, Linda
Sent: Wednesday, March 2, 2022 4:48 PM
To: mbaumannesq@gmail.com
Subject: U.S. Trademark Application Ser. Nos. 90767152 (PROMPT) and 90877887 (P & design)
Dear Mr. Baumann,
I am the examining attorney for the trademark applications referenced above. There are a couple of issues that require resolution.
In Ser. No. 90767152 (PROMPT), the format of the software must be specified to enable proper classification. Downloadable and recorded formats are classified in International Class 9, while providing online, non-downloadable software is classified in International Class 42.
Based on the specimen showing Class 9 downloadable software, the following identification is suggested, if accurate:
International Class 9: Downloadable computer application software for mobile and desktop devices, namely, software for use in connecting to and executing commands on remote devices via a global computer network
In Ser. No. 90877887 (P & design), applicant must specify the format of each software clause to enable proper classification, and must also specify the function of the “Downloadable computer software for mobile and desktop devices.”
Applicant may adopt the following identification of goods, if accurate:
International Class 9: Downloadable computer software for mobile and desktop devices, namely, software for use in decoding, encoding and managing digital audio files and for transmitting, receiving and managing data using the file transfer protocol; downloadable website development software; downloadable computer and video game software for use on electronic devices, including game consoles and computers
International Class 28: [NO CHANGE]
Applicant must also clarify the mark description. The following amended mark description is suggested:
The mark consists of the letter "P" inside a cloudlike form consisting of a circular carrier with scalloped edges.
Please contact me by close of business on Friday, March 4, 2022 to discuss these issues and/or to authorize entry of the amendments proposed above via examiner’s amendment. Thank you for your assistance.
Best regards,
Linda
Linda M. Lavache
United States Patent & Trademark Office
Trademark Examining Attorney
Law Office 106
571.272.7187