UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/500769
APPLICANT: WHY NOT ENTERTAINMENT, LLC
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CORRESPONDENT ADDRESS: DANIEL M. CISLO, ESQ. CISLO & THOMAS, LLP 233 WILSHIRE BOULEVARD, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1211
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: MASS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/500769
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Identification of Goods
The identification of goods is unacceptable as indefinite because “graphics” and “methods” are not goods. Nor is the difference between “body exercise” and “exercise” understood. Amendment is required. The applicant may adopt one of the following identifications, if accurate (or neither if inaccurate): COMPUTER GRAPHICS SOFTWARE FOR USE IN DEPICTING BODY EXERCISE.; PRE-RECORDED CD’S FEATURING GRAPHICS DEPICTING BODY EXERCISE. TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of the goods recited in the present identification.
Significance of Mark
The applicant must indicate whether “MASS” has any significance in regard to graphics or is an acronym (and if so, for what). 37 C.F.R. §2.61(b).
/Steven Fine/
Examining Attorney
Law Office 110
(703) 308-9110 ext. 124
(703) 746-8100 (fax)
ecom110@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.