UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 12/22/2011

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SEARCH OF OFFICE’S DATABASE OF MARKS

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).

INDEFINITE IDENTIFICATION OF GOODS & SERVICES

The wording “communication” and “content” in the identification of goods and services is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods and services. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.

Specifically, the reference to “communication” as a use of the computer application software in International Class 9 must also identify the nature of the communication, i.e. wireless, satellite, etc.

The nature of the content offered in with the services identified as “providing customer-related content…” must be specified. The services associated with the offering of content will be classified in accordance with the nature of the content offered. If the content is in the nature of database management, which would properly be classified in International Class 35, applicant must so specify. However, if the content offered is in the telecommunication field, such services would properly be classified in International Class 38. However, if applicant intended to communicate that it maintains on-line databases for others through its use of the “providing customer-related metric content and metric content” services, then applicant must so specify. The nature of the “conditional reporting” services is unclear and applicant must specify the nature of the services it intended to identify that it offers through the use of this wording. The “storage” services are properly classified in International Class 39 and the nature of these services must be clarified. Also, applicant must clarify the services it offers with the services identified as the “initiation of other functions in a wired or wireless digital network.” Given the vague nature of these services, a suggested amendment has not been provided. Finally, applicant must amend the wording “and/or” to indicate specifically if the listed items are inclusive or in the alternative.

For applicant's convenience, the examining attorney has reproduced the recitation of good and services with the suggested edits/additions appear in a bold font. Applicant may adopt the following identification, if accurate:

Computer application software for mobile phones, namely, software for use in database management; Computer application software for mobile phones, portable media players and mobile devices, namely, software for use in sensor data gathering, data compression and ________ {applicant specify type, i.e. wireless, satellite, etc.} communication; Computer software, namely, electronic financial platform that accommodates multiple types of payment and debt transactions in integrated mobile phones, portable media players, mobile devices and web based environments; Mobile computing and operating platforms consisting of data transceivers, wireless networks and gateways for collection and management of data; Computer application software, namely, software for use in ________ {applicant specify type, i.e. wireless, satellite, etc.} communication, processing of incoming data based on known or estimated algorithms and conditional reporting, storage and initiation of other functions in a wired or wireless digital network; computer software, namely, software for use in database management; computer software for wireless content delivery, in International Class 9;

Storage services for archiving electronic data, in International Class 39; and

Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites of others in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless data gathering and delivery of senor, user and content from mobile phones, portable media players and mobile devices; Maintenance of on-line databases for others, namely, processing of customer-related metric content and metric content of others automatically selected or customized to a common database, processing of said content based on known or estimated algorithms; Computer services, namely, conditional reporting on the performance, availability, and errors of web sites of others, in International Class 42.

An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html . See TMEP §1402.04.

MULTIPLE – CLASS APPLICATION REQUIREMENTS

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class; and

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

ENGLISH TRANSLATION REQUIRED

Applicant must submit an English translation of the mark. 37 C.F.R. §2.32(a)(9); TMEP §809. As the attached evidence from the Wikipedia website shows, the literal translation of the mark is “eye-measure.”

The following translation statement is suggested: The English translation of “Nunchi” in the mark is “Eye-measure”.

/Christopher Law/

Trademark Examining Attorney

Law Office 103

Phone: (571) 272-2913

Email: christopher.law@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.