USPTO serial 99418691
DESIGNHAPPIER
Status 645Office Action
- Filing date
- Oct 1, 2025
- Status date
- Aug 25, 2026
- Registration date
- —
- Examiner
- BURDECKI, ANNA C
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What this means
The USPTO has issued an Office Action on this application. A response is typically required before the deadline, or the application can be abandoned.
Owner
Kyeann Sayer
Albuquerque, NM, US
Goods and services
| Class | Description | Status | First use |
|---|---|---|---|
| 009 | 090696 downloadable image files I wrote the following, on May 20, 2026: At the time of my application, 090918 was the only digital-image related number that I could find. I agree that it's not the best fit for phone and desktop wallpaper, and 090696, for digital image files, is the best fit. Please grant my trademark under that category. The examining attorney indicated: This proposed amendment is beyond the scope of the original identification because the wording "090696 downloadable image files" is both indefinite, in that it is unclear what is meant by the numbers 090696, and also broader than "downloadable digital image files of works of art authenticated by non-fungible tokens (NFTs)." In other words, the applied-for goods, being "downloadable digital imagefiles of works of art authenticated by non-fungible tokens (NFTs)," are downloadable image files which are both works of art and also authenticated by NFTs, while "090696 downloadable image files" are neither specified to be works of art nor are they specified as being authenticated by NFTs. I find it implausible that the examining attorney does not know that this number 090696 comes from the Trademark ID manual. I am selling digital files, but they are not authenticated by NFTs. This is the same class of items, 9, it is just that they are not authenticated by NFTs. It is not outside of the scope to make a correction within the same trademark class, especially since the original issue was that the files I am selling are not NFT authenticated. Thank you, Kyeann Sayer/digitally signed | ACTIVE | Aug 21, 2025 |
Prosecution history
| Date | Code | Event |
|---|---|---|
| Aug 25, 2026 | GNFN | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Aug 25, 2026 | GNFR | FINAL REFUSAL E-MAILED |
| Aug 25, 2026 | CNFR | FINAL REFUSAL WRITTEN |
| Aug 24, 2026 | TEME | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Aug 24, 2026 | CRFA | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Aug 24, 2026 | TROA | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| May 22, 2026 | GNRN | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| May 22, 2026 | GNRT | NON-FINAL ACTION E-MAILED |
| May 22, 2026 | CNRT | NON-FINAL ACTION WRITTEN |
| May 21, 2026 | TEME | TEAS/EMAIL CORRESPONDENCE ENTERED |
| May 21, 2026 | CRFA | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| May 21, 2026 | TROA | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Feb 24, 2026 | GNRN | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Feb 24, 2026 | GNRT | NON-FINAL ACTION E-MAILED |
| Feb 24, 2026 | CNRT | NON-FINAL ACTION WRITTEN |
| Feb 20, 2026 | DOCK | ASSIGNED TO EXAMINER |
| Feb 10, 2026 | NWOS | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Oct 1, 2025 | MAFR | APPLICATION FILING RECEIPT MAILED |
| Oct 1, 2025 | NWAP | NEW APPLICATION ENTERED |