To: | Apple Inc. (trademarkdocket@apple.com) |
Subject: | U.S. Trademark Application Serial No. 88462991 - ARCADE - N/A |
Sent: | April 03, 2020 10:27:56 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88462991
Mark: ARCADE
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Correspondence Address: |
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Applicant: Apple Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: April 03, 2020
This Office Action is in response to applicant’s communication filed on March 3, 2020.
The following requirements and/or refusals are satisfied: DISCLAIMER
The amended Identification is accepted in part, but remains indefinite as to: “retail store and online retail store services; retail store services provided via the internet and other computer electronic and communications networks”
Therefore, there are no new issues and the following refusal(s) and/or requirement(s) in the previous Office Action are continued and made FINAL.
If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services will be deleted from the application:
“retail store and online retail store services; retail store services provided via the internet and other computer electronic and communications networks”
The application will then proceed with the remaining goods and/or services only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
IDENTIFICATION OF GOODS AND/OR SERVICES
The wording in the identification of goods and/or services needs clarification in the following respect(s).
Applicant may substitute the following wording, if accurate:
035: advertising, marketing, and promotion services; promoting the goods and services of others; retail store and online retail store services featuring {indicate field of retail” or DELETE if covered in the ID}; retail store services provided via the internet and other computer electronic and communications networks featuring {indicate field of retail” or DELETE if covered in the ID}; retail store services featuring computer, electronic, and entertainment products and computer software provided via the internet and other computer, electronic and communications networks; retail store services featuring computer, electronic, and entertainment products; retail store services featuring computer, electronic, and entertainment products provided via the internet and other computer, electronic and communications networks; retail store services featuring computer software; retail store services featuring computer software provided via the internet and other computer, electronic and communications networks; subscription services, namely, providing subscriptions to text, data, image, audio, video, and multimedia content, provided via the Internet and other electronic and communications networks; providing subscriptions to downloadable pre-recorded text, data, image, audio, video, and multimedia content for a fee or pre-paid subscription, via the internet and other electronic and communications networks; online retail services featuring downloadable pre-recorded text, data, image, audio, video, and multimedia content for a fee or pre-paid subscription, via the Internet and other electronic and communications networks
041 OK: development, production, distribution, and presentation of multimedia entertainment content; providing non-downloadable computer games, electronic games, interactive games, and video games
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.
RESPONSE TO THIS FINAL OFFICE ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
COMMENTS
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Hsu, Fong/
Trademark Examining Attorney
Law Office 117
U.S. Patent & Trademark Office
Office: (571) 272-2001
Fax: (571) 272-2002
RESPONSE GUIDANCE