To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Avionics Corporation (pctrademarks@perkinscoie.com)
`
`U.S. TRADEMARK APPLICATION NO. 88406800 - THE HANGAR DEVELOPER PROGRAM -
`132056-4000
`
`6/6/2019 1:04:53 PM
`
`ECOM123@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   88406800
`
`           
`
`MARK: THE HANGAR
`DEVELOPER PROGRAM
`
`*88406800*
`
`CORRESPONDENT
`ADDRESS:
`  
`       THOMAS L. HOLT
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`  
`
`       PERKINS COIE LLP
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`         1201 THIRD AVENUE,
`SUITE 4900
`
`           SEATTLE, WA 98101
`
`    
`
`   
`
`APPLICANT: Panasonic
`Avionics Corporation
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`MAIL ADDRESS:       
`
`  132056-4000
`
`CORRESPONDENT E-
`
`pctrademarks@perkinscoie.com
`
`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.   A RESPONSE
`
` 
` 
` 
` 
` 
` 
` 
`

`

`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 6/6/2019
`
`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.
`
`SUMMARY OF ISSUES:
`Disclaimer Required
`Identification of Goods and Services Requires Amendment
`
`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).
`
`DISCLAIMER REQUIRED
`
`Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be
`registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s
`appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).
`
`In this case, applicant must disclaim the wording “DEVELOPER PROGRAM” because it is not inherently distinctive.  These unregistrable
`terms at best are merely descriptive of features, characteristics, and the intended users of applicant’s goods and services.  See 15 U.S.C.
`§1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP
`
`§§1213, 1213.03(a).  
`
`The attached dictionary definition evidence shows that “DEVELOPER” is defined as “a person or company that develops computer software.”  
`Applicant’s goods and services include various software development tools, thus the word “DEVELOPLER” as used in the applied-for mark
`appears to identify the intended users of applicant’s goods and services.  Wording that describes an intended user or group of users of a product
`or service is merely descriptive.  E.g., In re Planalytics, Inc., 70 USPQ2d 1453 (TTAB 2004) (holding GASBUYER merely descriptive of
`intended user of risk management services in the field of pricing and purchasing natural gas); In re Camel Mfg. Co., 222 USPQ 1031 (TTAB
`1984) (holding MOUNTAIN CAMPER merely descriptive of intended users of retail and mail order services in the field of outdoor equipment
`and apparel); see TMEP §1209.03(i).  See additional evidence from applicant’s website, Hangar.Panasonic.aero, describing the goods and
`services for “DEVELOPERS”.
`
`In addition, the attached dictionary definition evidence defines “PROGRAM” as “a sequence of coded instructions that can be inserted into a
`mechanism (such as a computer).”   Applicant’s goods and services include various types of software, or computer programs, and thus this
`wording merely describes features and characteristics of applicant’s goods and services.
`
`Applicant may respond to this issue by submitting a disclaimer in the following format:  
`No claim is made to the exclusive right to use “DEVELOPER PROGRAM” apart from the mark as shown.   
`
`For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the
`
`Disclaimer webpage.  
`
`IDENTIFICATION OF GOODS AND SERVICES REQUIRES AMENDMENT
`The identification for “application programming interfaces” in International Class 009 is indefinite and must be clarified to specify whether the
`interfaces are downloadable or recorded, and to explain the purpose or function of the API programs.   See 37 C.F.R. §2.32(a)(6); TMEP
`§1402.03(d).   If the software is content- or field-specific, applicant must also specify its content or field of use.   See TMEP §1402.03(d).   The
`USPTO requires such specificity in identifying computer software in order for a trademark examining attorney to examine the application
`
`  
` 
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` 
`

`

`properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.   See In re N.A.D. Inc., 57
`USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
`
`In addition, software can be classified in three international classes (International Classes 9, 41, and 42) depending on whether the software is
`recorded on media, downloadable, or non-downloadable (either online or for temporary use), and if non-downloadable, whether it is game
`software.   For information regarding proper classification of computer software, see TMEP §§1402.03(d), 1402.11(a)(xii), and the USPTO’s
`online U.S. Acceptable Identification of Goods and Services Manual.
`
`In addition, the identification “Application programming interfaces (APIs), documentation and downloadable software development kits” in
`International Class 009 appears to reference software instructional manuals; however, such documentation is indefinite in this context and must
`be clarified because it is unclear whether the documentation is sold separately from applicant’s software or sold as a unit with the software.  See
`37 C.F.R. §2.32(a)(6); TMEP §§1401.05(a), 1402.01. 
`If the manuals are sold separately from the software, they would be classified in
`International Class 16; but, if they are sold as a unit with the computer software, they would be classified in International Class 9 if the software
`
`is the predominant element, or in International Class 16, if the manual is the predominant element.  
`
`Accordingly, applicant must amend the identification to indicate whether the manuals are sold separately or as a unit with the software, listing the
`predominant element first, and identifying the classification of the predominant element.  See TMEP §§1401.05(a), 1402.01.  If the manuals are
`
`sold separately, applicant must also indicate the subject matter of the manuals.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.03(e).  
`
`In addition, applicant must clarify the nature and content of the “documentation” identified in International Class 009.
`
`Applicant may adopt the following wording, if accurate:   
`International Class 009: ___ {specify downloadable or recorded} application programming interfaces (APIs) software for ___
`{specify the function of the API programs, e.g., integration of video content into websites}, documentation, namely, manuals
`in the field of {specify area of use, e.g., computer software, computer programming, user instruction manuals…} and
`downloadable software development kits sold as a unit; ___ {specify downloadable or recorded} computer software for use as
`an application programming interface (API) for ___ {specify the function of the API programs, e.g., integration of video
`content into websites}
`
`International Class 042: Collaborative computer programming for others in the nature of hackathons, contests and challenges;
`designing and developing computer game software and hardware for use with computers, video game program systems and
`computer networks; software as a service (SaaS) services featuring software in the nature of software development kits (SDK);
`platform as a service (PaaS) featuring computer software platforms for providing application programming interfaces, and
`software development kits to enable software developers and businesses, to develop software applications, products, and services
`
`Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services
`beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods
`and/or services may not later be reinserted.  See TMEP §1402.07(e).
`
`For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S.
`Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.
`
`MULTICLASS APPLICATION ADVISORY
`
`The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below
`for each international class based on Trademark Act Section 1(b):
`
`(1)      
`
`(2)      
`
`List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest
`numbered class.
`
`Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  
`The application identifies goods and/or services that that may be identified in at least THREE classes; however, applicant submitted a
`fee(s) sufficient for only TWO class(es).   Applicant must either submit the filing fees for the classes not covered by the submitted fees
`or restrict the application to the number of classes covered by the fees already paid.
`
` 
` 
` 
` 
` 
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` 
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`

`

`See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
`
`See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark
`Electronic Application System (TEAS) form.
`
`Response Guidelines
`Response guidelines.  For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For
`a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For
`a requirement, applicant should set forth the changes or statements.  Please see “ Responding to Office Actions” and the informational video
`“Response to Office Action ” for more information and tips on responding.
`
`Respond online to this letter.  Use the TEAS “ Response to Office Action” online form to file a response.
`
`            
`
`Advisory Regarding Who May Sign Responses
`If an applicant is not
`Responses to Office actions must be properly signed.   See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.01. 
`represented by an attorney, the response must be signed by the individual applicant or someone with legal authority to bind a juristic applicant
`(e.g., a corporate officer or general partner).  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06(b)-(h), 712.01.  In the case of joint
`
`applicants, all must sign.  37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a).  
`
`If an applicant is represented by an attorney authorized to practice before the USPTO, the attorney must sign the response.  37 C.F.R.
`§2.193(e)(2)(i); TMEP §§611.03(b), 712.01.  The only attorneys who may sign responses and otherwise practice before the USPTO in trademark
`matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and U.S.
`commonwealths/territories; and (2) certain Canadian agents and/or attorneys.  See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602. 
`If an
`applicant changes attorneys, the newly retained attorney may not sign responses until the applicant files a new power and/or revocation of
`attorney.  See 37 C.F.R. §2.18(a)(7); TMEP §604.03.
`
`For applications with multiple individual applicants or joint applicants, all must sign the response.  37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a).
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
`
`this additional fee.   
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining
`attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
`additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does
`not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. 
`
`See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
`
`/Rachel E. Desjardins/
`Examining Attorney
`Trademark Law Office 123
`Phone: (571) 270-0104
`Email: Rachel.Desjardins@USPTO.gov
`(Informal communications only – Do not respond to Office action via email.)
`
`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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.
`
` 
` 
`  
`

`

`12:35 20 PM W019
`hIIps Ilwww meniamwebdelcomldidiomryldevelopel
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`[ Late Latin programma, from Greek] :a public notice
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`12:47 30 PM W019
`httsz/hangarpamsonic aeloldeveloperprogram
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`The Hangar Developer Program
`
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`
`Home I The Hangar Developer Program
`
`Solutions
`
`maXImizing their ancillary revenue generation streams.
`
` /__,,/_
`
`About the program
`
`When speed to market matters, the tools and technical support offered through The Hangar Developer Program allows for the innovation, creation and
`deployment at a quicker pace. The developer resources facilitate the development of applications that elevates passenger experience before, during and
`after the flight, improves airline crew operational efficiencies and or ancillary revenue.
`
`The program enables airlines to Innovate, create, and deploy completely custom applications for Panasonic inflight entertainment systems. Airlines can
`innovate and develop according to their marketing strategy. needs and timelines. Airlines can enhance their passenger engagement experience while
`
`

`

`12:47 38 PM 06l06F2019
`https:l'/hangarpamsonic aeloldevelopeipiogiam
`after the flight. improves airline crew operational efficiencies and or anoillary revenue.
`
`The program enables airlines to Innovate, create. and deploy completely custom applications for Panasonic inflight entertainment systems. Airlines can
`innovate and develop according to their marketing strategy. needs and timelines. Airlines can enhance their passenger engagement experience while
`maximizing their ancillary revenue generation streams.
`
`Incubator 2019 Event
`The Hangar Developer Program incubator event gives innovators the opportunity to develop software applications with the goal of shortening their time
`to market. and the speed at which they become available to airlines.
`Participation provides software development companies with access to onlihe software development resources that allow developers and airlines the
`ability to innovate. create. and deploy completely custom applications for Panasonic's inftight entertainment systems.
`The incubator event has been created to aid the generation of ideas that will change the way passengers experience travel today. The event is open to
`development companies, start-ups and developers with innovative ideas for the inflight entertainment and travel industries. To learn more about the
`Incubator event. click here.
`
`Demystifying SDKs and APIs
`
`
`
`
`
`

`

`12:47 44 PM 06l06F2019
`hfips:l'/hangarpamsonic aeloldevelopewrogram
`ability to innovate. create. and deploy completely ctistom applications for Panasonic's inflight entertainment systems.
`The incubator event has been created to aid the generation of ideas that will change the way passengers experience travel today. The event is open to
`development companies starteups and developers with innovative Ideas for the infliqht entertainment and travel industries. To learn more about the
`Incubator event. click here.
`
`Demystifying SDKs and APIs
`
`.-
`
`) u:oot1:4s
`
`The Hangar Developer Program
`
`About Us
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`To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Avionics Corporation (pctrademarks@perkinscoie.com)
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`U.S. TRADEMARK APPLICATION NO. 88406800 - THE HANGAR DEVELOPER PROGRAM -
`132056-4000
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`6/6/2019 1:04:55 PM
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`ECOM123@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 6/6/2019 FOR U.S. APPLICATION SERIAL NO. 88406800
`
`Please follow the instructions below:
`
`(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period.  Your response deadline will be calculated from 6/6/2019 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions. 
`Instead,
`the USPTO recommends that you respond online using the TEAS response form located at
`http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
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`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
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`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
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`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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