Offc Action Outgoing

Trademark

Apple Inc.

U.S. Trademark Application Serial No. 88746482 - N/A

To: Apple Inc. (trademarkdocket@apple.com)
Subject: U.S. Trademark Application Serial No. 88746482 - N/A
Sent: March 21, 2020 05:42:49 PM
Sent As: ecom101@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88746482

 

Mark:  

 

 

 

 

Correspondence Address: 

THOMAS R. LA PERLE

APPLE INC.

ONE APPLE PARK WAY

MS: 169-3IPL

CUPERTINO, CA 95014

 

 

Applicant:  Apple Inc.

 

 

 

Reference/Docket No. N/A

 

Correspondence Email Address: 

 trademarkdocket@apple.com

 

 

 

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:  March 21, 2020

 

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.

 

Office Search

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Class 9:  Downloadable computer software application for accessing, browsing and searching online databases for audio, video, and multimedia content; downloadable computer software application for access to digital music programming and entertainment related musical playlist services    

 

Class 38: Broadcast and transmission of music, audio and video content by means of television and radio; streaming of digital and multimedia content in the nature of music, audio and video by means of the internet and satellite communications for business use; electronic transmission and delivery of digital music via telecommunication networks, computer networks, the internet and wireless communication networks; transmission of music via radio by means of satellite communications

 

Class 41: Production of pre-programmed music and music videos for use in subscription based retail and/or commercial establishments; audio and video recording and production services for others; music service, namely, providing specially programmed background non-downloadable music; entertainment services, namely, providing non-downloadable playback of music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; providing customized music programs featuring playlists for use in retail establishments, public areas, and commercial establishments via the internet

 

Scope Advisory

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

Questions Regarding Office Action

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

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 response to this nonfinal Office action.    

 

 

 

 

/Russ Herman/

Examining Attorney

Law Office 101

(571)272-9172

russ.herman@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.  

 

 

 

U.S. Trademark Application Serial No. 88746482 - N/A

To: Apple Inc. (trademarkdocket@apple.com)
Subject: U.S. Trademark Application Serial No. 88746482 - N/A
Sent: March 21, 2020 05:42:50 PM
Sent As: ecom101@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 21, 2020 for

U.S. Trademark Application Serial No. 88746482

 

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. 

 

 

/Russ Herman/

Examining Attorney

Law Office 101

(571)272-9172

russ.herman@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 March 21, 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.”

 

 

 


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