Twitter, Inc. Subject: U.S. TRADEMARK APPLICATION NO TWEET /1/2009 9:00:28 PM

Transcription

1 To: Twitter, Inc. Subject: U.S. TRADEMARK APPLICATION NO TWEET Sent: Sent As: 7/1/2009 9:00:28 PM ECOM110@USPTO.GOV Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 UNITED STATES PATENT AND TRADEMARK OFFICE SERIAL NO: 77/ MARK: TWEET CORRESPONDENT ADDRESS: Karen A. Webb Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View CA * * RESPOND TO THIS ACTION: GENERAL TRADEMARK INFORMATION: APPLICANT: Twitter, Inc. CORRESPONDENT S REFERENCE/DOCKET NO: CORRESPONDENT ADDRESS: trademarks@fenwick.com OFFICE ACTION TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE. ISSUE/MAILING DATE: 7/1/2009

2 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, PRIOR PENDING APPLICATION The trademark examining attorney has searched the Office s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d). TMEP ; see 15 U.S.C. 1052(d). However, marks in prior-filed pending applications may present a bar to registration of applicant s mark. The filing dates of pending Application Serial Nos , , and precede applicant s filing date. See attached referenced applications. If the marks in the referenced applications register, applicant s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. 1052(d); 37 C.F.R. 2.83; TMEP 1208 et seq. Therefore, upon receipt of applicant s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications. In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant s mark and the marks in the referenced applications. Applicant s election not to submit arguments at this time in no way limits applicant s right to address this issue later if a refusal under Section 2(d) issues. Action on this application will be suspended pending the disposition of Application Serial Nos , , and upon receipt of the applicant s response resolving the following. IDENTIFICATION OF SERVICES FOR INTERNATIONAL CLASS 38 The identification of services is indefinite and must be clarified because the type of telecommunication services must be specified. See TMEP Applicant may adopt the following identification, if accurate: Telecommunication services, namely, [please specify type (e.g. transmission of web casts)]; telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via , instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking, in International Class 38. Please note that the services in International Classes 41 and 45 are acceptable as written in the application.

3 Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. 2.71(a); see TMEP et seq., Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification. 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 See TMEP /Tarah Hardy Ludlow/ Trademark Attorney Law Office fax RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at waiting hours if applicant received notification of the Office action via . For technical assistance with the form, please TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by ; the USPTO does not accept ed responses. If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

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10 To: Twitter, Inc. Subject: U.S. TRADEMARK APPLICATION NO TWEET Sent: Sent As: Attachments: 7/1/2009 9:00:30 PM ECOM110@USPTO.GOV IMPORTANT NOTICE USPTO OFFICE ACTION HAS ISSUED ON 7/1/2009 FOR APPLICATION SERIAL NO Please follow the instructions below to continue the prosecution of your application: VIEW OFFICE ACTION: Click on this link (or copy and paste this URL into the address field of your browser), or visit and enter the application serial number to access the Office action. PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification. RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 7/1/2009. Do NOT hit Reply to this notification, or otherwise attempt to your response, as the USPTO does NOT accept ed responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at HELP: For technical assistance in accessing the Office action, please TDR@uspto.gov. Please contact the assigned examining attorney with questions about the Office action. WARNING 1. The USPTO will NOT send a separate with the Office action attached. 2. Failure to file any required response by the applicable deadline will result in

11 the ABANDONMENT of your application.

12 *** User:Thardy *** # Total Dead Live Live Status/ Search Marks Marks Viewed Viewed Search Docs Images Duration :02 *TWE{"EA"}T*[BI,TI] Session started 7/1/2009 8:28:15 PM Session finished 7/1/2009 8:39:29 PM Total search duration 0 minutes 2 seconds Session duration 11 minutes 14 seconds Defaut NEAR limit=1adj limit=1 Sent to TICRS as Serial Number:

13 PTO Form 2196 (Rev 9/2005) OMB No (Exp 09/30/2011) Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative The table below presents the data as entered. Input Field Entered SERIAL NUMBER ATTORNEY DOCKET NUMBER MARK SECTION MARK TWEET ATTORNEY SECTION ORIGINAL ADDRESS TANDA L. NEUNDORF FENWICK & WEST LLP 801 CALIFORNIA ST MOUNTAIN VIEW, CA CORRESPONDENCE SECTION ORIGINAL ADDRESS NEW OTHER APPOINTED ATTORNEYS TANDA L. NEUNDORF FENWICK & WEST LLP 801 CALIFORNIA ST MOUNTAIN VIEW, CA all other attorneys of the firm NEW ATTORNEY ADDRESS STATEMENT TEXT NAME By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above, and hereby APPOINTS the following new attorney. Karen A. Webb

14 FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View California United States POSTAL/ZIP CODE PHONE (650) FAX (650) ATTORNEY AUTHORIZED TO COMMUNICATE VIA YES ATTORNEY DOCKET NUMBER NEW CORRESPONDENCE ADDRESS NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY Karen A. Webb Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View California United States POSTAL/ZIP CODE PHONE (650) FAX (650) AUTHORIZED TO COMMUNICATE VIA YES SIGNATURE SECTION SIGNATURE SIGNATORY NAME /kaw/ Karen A. Webb

15 SIGNATORY DATE 05/29/2009 SIGNATORY POSITION Attorney of record, California bar member FILING INFORMATION SECTION SUBMIT DATE Fri May 29 15:11:45 EDT 2009 TEAS STAMP USPTO/RAA f49ddb72e ad8bed9e79af2-n/a-n/a PTO Form 2196 (Rev 9/2005) OMB No (Exp 09/30/2011) Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative To the Commissioner for Trademarks: MARK: TWEET SERIAL NUMBER: ATTORNEY DOCKET NUMBER The original attorney TANDA L. NEUNDORF FENWICK & WEST LLP 801 CALIFORNIA ST MOUNTAIN VIEW, CA Original Correspondence Address : TANDA L. NEUNDORF FENWICK & WEST LLP 801 CALIFORNIA ST MOUNTAIN VIEW, CA trademarks@fenwick.com

16 By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above, and hereby APPOINTS the following new attorney. In addition, any additional previouslyappointed attorneys that are currently listed in the application are replaced with the new "Other Appointed Attorneys" listed below. Newly Appointed Attorney: Karen A. Webb Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View, California United States (650) (650) Other Appointed Attorneys: all other attorneys of the firm The following is to be used as the correspondence address: Karen A. Webb Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View, California United States (650) (650) Signature: /kaw/ Date: 05/29/2009 Signatory's Name: Karen A. Webb Signatory's Position: Attorney of record, California bar member Serial Number: Internet Transmission Date: Fri May 29 15:11:45 EDT 2009 TEAS Stamp: USPTO/RAA f49ddb72e ad8be d9e79af2-n/a-n/a

17 PTO Form 1478 (Rev 9/2006) OMB No (Exp 12/31/2008) Trademark/Service Mark Application, Principal Register Serial Number: Filing Date: 04/16/2009 The table below presents the data as entered. Input Field Entered SERIAL NUMBER MARK INFORMATION *MARK STANDARD CHARACTERS USPTO-GENERATED IMAGE LITERAL ELEMENT MARK STATEMENT REGISTER TWEET YES YES TWEET The mark consists of standard characters, without claim to any particular font, style, size, or color. Principal APPLICANT INFORMATION *OWNER OF MARK Twitter, Inc. *STREET 539 Bryant Street., Suite 402 *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only) San Francisco California United States LEGAL ENTITY INFORMATION TYPE STATE/COUNTRY OF INCORPORATION corporation Delaware GOODS AND/OR SERVICES AND BASIS INFORMATION

18 *INTERNATIONAL CLASS 038 *IDENTIFICATION FILING BASIS Telecommunication services; telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via , instant messaging or a website on the internet in the field of general interest; providing online chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking. SECTION 1(b) *INTERNATIONAL CLASS 041 *IDENTIFICATION FILING BASIS Providing on-line journals, namely, blogs featuring user-defined content. SECTION 1(b) *INTERNATIONAL CLASS 045 *IDENTIFICATION FILING BASIS Online social networking services; providing a website on the internet for the purpose of social networking; providing on-line computer databases and on-line searchable databases in the field of social networking. SECTION 1(b) ATTORNEY INFORMATION NAME FIRM NAME STREET INTERNAL ADDRESS CITY Tanda L. Neundorf Fenwick & West LLP 801 California Street Silicon Valley Center Mountain View

19 STATE COUNTRY California United States ZIP/POSTAL CODE PHONE FAX ADDRESS AUTHORIZED TO COMMUNICATE VIA OTHER APPOINTED ATTORNEY Yes all other attorneys CORRESPONDENCE INFORMATION NAME FIRM NAME STREET INTERNAL ADDRESS CITY STATE COUNTRY Tanda L. Neundorf Fenwick & West LLP 801 California Street Silicon Valley Center Mountain View California United States ZIP/POSTAL CODE PHONE FAX ADDRESS AUTHORIZED TO COMMUNICATE VIA Yes FEE INFORMATION NUMBER OF CLASSES 3 FEE PER CLASS 325 *TOTAL FEE DUE 975 *TOTAL FEE PAID 975 SIGNATURE INFORMATION SIGNATURE SIGNATORY'S NAME /Santosh Jayaram/ Santosh Jayaram

20 SIGNATORY'S POSITION Vice President, Business Operations DATE SIGNED 04/16/2009 PTO Form 1478 (Rev 9/2006) OMB No (Exp 12/31/2008) Trademark/Service Mark Application, Principal Register Serial Number: Filing Date: 04/16/2009 To the Commissioner for Trademarks: MARK: TWEET (Standard Characters, see mark) The literal element of the mark consists of TWEET. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, Twitter, Inc., a corporation of Delaware, having an address of 539 Bryant Street., Suite 402 San Francisco, California United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: International Class 038: Telecommunication services; telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via , instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking. Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)). International Class 041: Providing on-line journals, namely, blogs featuring user-defined content. Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

21 International Class 045: Online social networking services; providing a website on the internet for the purpose of social networking; providing on-line computer databases and on-line searchable databases in the field of social networking. Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)). The applicant hereby appoints Tanda L. Neundorf and all other attorneys of Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View, California United States to submit this application on behalf of the applicant. Correspondence Information: Tanda L. Neundorf Fenwick & West LLP Silicon Valley Center 801 California Street Mountain View, California (phone) (fax) trademarks@fenwick.com (authorized) A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 class(es). Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. Signature: /Santosh Jayaram/ Date Signed: 04/16/2009 Signatory's Name: Santosh Jayaram Signatory's Position: Vice President, Business Operations

22 RAM Sale Number: 4887 RAM Accounting Date: 04/17/2009 Serial Number: Internet Transmission Date: Thu Apr 16 19:46:04 EDT 2009 TEAS Stamp: USPTO/BAS f25d206fd21ca4bad1e2 c4cc6970-da

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