Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL 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).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  January 20, 2020

 

 

INTRODUCTION

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

 

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).

 

 

SUMMARY OF ISSUES:

• Amended Identification and Classification of Services Requirement
• Amended Mark Description Requirement

 

 

AMENDED IDENTIFICATION AND CLASSIFICATION OF SERVICES REQUIRED

 

Particular wording in the identification of services is indefinite and must be clarified because the nature of the services is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. For example, the wording “displays” in Class 041 is ambiguous as to whether it refers to a recording or a physical structure.

 

Further, applicant must clarify the wording “providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network,” “providing websites and computer applications featuring entertainment information, sports information, music information, news in the fields of music and entertainment, and arts and culture information,” “providing websites and computer applications featuring information in the field of entertainment, music, sports, news in the fields of music and entertainment, and arts and culture,” and “entertainment services, namely, providing reviews, and ratings, and providing interactive websites and computer applications for entertainment purposes for the sharing of reviews, and ratings of users all relating to entertainment, art and cultural events, concerts, live musical performances, entertainment fairs, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes” in the identification of services in Class 041 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, streaming audio and video is in Class 038, entertainment websites are in Class 041, and non-downloadable software is in International Class 042.  Applicant may substitute the following wording with suggested amendments shown in bold, if accurate:

 

 

International Class 038:

 

“Broadcasting and transmission of voice, data, images, music, audio, video, multimedia, television, and radio by means of telecommunications networks; Broadcast and transmission of streamed music, audio, video, and multimedia content by means of telecommunications networks; Transfer of music, audio, video, and multimedia to matched users by means of telecommunications networks; Providing access to websites, databases, electronic bulletin boards, online forums, directories, music, and audio and video content programs on the Internet by means of telecommunications networks; Broadcast and transmission of streamed music, audio, video, and multimedia content by means of radio, television, internet, and satellite for business use; Streaming of data; Streaming of audio and video material on the Internet featuring performances, documentaries, music, and interviews featuring musical artists; Streaming of audio and visual content featuring musical artists; Audio and video broadcasting services over the Internet featuring performances, documentaries, music, and interviews featuring musical artists; Audio broadcasting and video broadcasting featuring musical artists; Delivery of digital music by electronic transmission; Providing streaming audio and video content to users through a subscription service provided online via a communication network”

 

 

International Class 041:

 

“Arranging, organizing, conducting, and presenting concerts, live musical performances, entertainment special events in the nature of musical and cultural events, arts and cultural events, theatrical entertainment in the nature of live theatrical performances, and exhibitions for entertainment purposes; Production and distribution of radio programs, television programs, and sound recordings; Entertainment services, namely, providing ongoing television, radio, audio programs, video programs, podcasts, and webcast programs in the field of ____ {indicate specific field, e.g., news, comedy, variety, etc.}; Entertainment services, namely, providing audio and video programs in the field of sports, music, and news by means of telecommunications networks; Provision of live entertainment and non-downloadable playback of recorded entertainment, namely, musical performances via global communications networks; Providing non-downloadable audio and video programs in the field of news programming relating to entertainment, sports, music, informational news, and current events; Providing websites featuring entertainment information, sports information, music information, news in the fields of music and entertainment, and arts and culture information; Providing websites featuring information in the field of entertainment, music, sports, news in the fields of music and entertainment, and arts and culture; Entertainment services, namely, providing information, reviews and personalized recommendations of entertainment in the nature of music, arts and cultural events, concerts, live musical and cultural performances, fairs for entertainment purposes, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes; Entertainment services, namely, providing reviews, and ratings, and providing interactive websites for entertainment purposes for the sharing of reviews, and ratings of users all relating to entertainment, art and cultural events, concerts, live musical performances, entertainment fairs, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes; Entertainment services, namely, providing non-downloadable pre-recorded music, video programs, and graphics for use on mobile communications devices via a global computer network and wireless networks; Providing a website for the uploading, storing, sharing and viewing and posting of images, audio, videos, podcasts, and multimedia content; Publication of articles, all in the fields of music and entertainment; Providing websites featuring non-downloadable publications in the nature of articles, all in the fields of music and entertainment; News reporting in the field of music and entertainment; Production of programmed music and video recordings for subscribers; Audio and video recording and production services for others; Music service, namely, providing specially programmed background non-downloadable music playback for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; Musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio and video programs; Custom music programming services in the nature of music production; Entertainment services in the nature of development, creation, production, and distribution of musical artist video documentary series; Entertainment services, namely, providing a website featuring on-line non-downloadable music, interviews, live music performances, and videos featuring musical artists; Entertainment services, namely, a multimedia program series featuring musical artists distributed via various platforms across multiple forms of transmission media”

 

 

International Class 042:

 

“Providing online non-downloadable software for use in generating customized recommendations of audio, video, data, text and other multimedia content; Providing online non-downloadable software for use in creating and sharing playlists of audio and multimedia files; Providing online non-downloadable software for ___ {indicate function or purpose of software}, used in connection with an online music subscription service; Providing online non-downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; Providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; Computer services, namely, providing search engines for obtaining data via the internet and other electronic communications networks; Computer services, namely, providing customized web pages and other data feed formats featuring a user-customized feed of information in the fields of news, commentary, and other information, content from periodicals, blogs, and websites, and other text, audio, video, and multimedia content; Creating website based indexes of online information, websites and other resources available via a global computer network for others; Providing information relating to computer hardware and software technology provided on-line via a global computer network and the Internet; Electronic data storage services; Providing a website featuring technology allowing the user to preview, view, upload, download, post, edit, store, share, purchase, and review images, audio, videos, publications, podcasts, and multimedia content; Providing a website allowing users to download audio and video content through a subscription service provided online via a communication network; Providing temporary use of online non-downloadable computer software for providing entertainment information, sports information, music information, news in the fields of music and entertainment, and arts and culture information; Providing temporary use of online non-downloadable computer software for providing information in the field of entertainment, music, sports, news in the fields of music and entertainment, and arts and culture; Providing temporary use of online non-downloadable computer software for entertainment purposes for the sharing of reviews, and ratings of users all relating to entertainment, art and cultural events, concerts, live musical performances, entertainment fairs, music festivals for cultural or entertainment purposes, and exhibitions for entertainment purposes”

 

 

Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the 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.

 

 

AMENDED MARK DESCRIPTION REQUIRED

 

Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Descriptions must be accurate and identify all the literal and design elements in the mark.  See 37 C.F.R. §2.37; TMEP §§808 et seq. 

 

The following description is suggested, if accurate: 

 

The mark consists of a design of an apple with a bite removed to the left of the stylized wording “MUSIC”.

 

 

ASSISTANCE

 

If applicant has questions regarding this Office action, please email the assigned trademark examining attorney.  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 requirements 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. 

 

 

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.  

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/J. Ian Dible/

J. Ian Dible

Examining Attorney

Law Office 111

(571) 272-0209

ian.dible@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 20, 2020 for

U.S. Trademark Application Serial No. 88634555

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/J. Ian Dible/

J. Ian Dible

Examining Attorney

Law Office 111

(571) 272-0209

ian.dible@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from January 20, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”