Filed Oct. 1, 2025

Serial No. 99418691

Examining Attorney ANNA C BURDECKI

Class 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; 021; 023; 026; 036; 038

Case Type Trademark