UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/551497

 

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 and Classification of Goods and Services

THIS REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN

 

The following wording in the identification of goods is unacceptable as indefinite because it is not sufficiently clear for proper classification.  Moreover, some of the wording is also too broad because it could include items classified in other classes: 

 

“computing apparatus; electronic game apparatus; apparatus for use with video games; video game players, audio and video compact discs; cd-roms; video tapes, video cassettes, compact discs and laser discs; video films; video recorders; video cassette-disc players, interactive customer service kiosks; computer software programs for interactive audio and video; parts and fittings for all the aforesaid goods” in International Class 009

 

“membership cards” in International Class 016

                       

“buying and selling” in International Class 035

 

                        “other entertainment related products and services” in International Class 041.

 

The applicant may amend the identification and classification to the following, if accurate.  [Changes are noted in bold type.]:   

 

“Computers and computing apparatus, namely, computer hardware; computer game software; apparatus for use with video games, namely, video game interactive hand held remote controls for playing electronic games; video game players, namely, video output game machines for use with televisions; pre-recorded audio and video compact discs, cd-roms, video tapes, video cassettes, compact discs and laser discs and video films, all featuring [indicate subject matter]; digital video recorders and video cassette recorders; combination video cassette and video disc players, interactive customer service kiosks; computer software programs for viewing and editing interactive audio and video; and component parts for all the aforesaid goods; magnetic coded membership cards for use in business transactions, namely, rental of video games” in International Class 009

 

“Publications, namely, magazines in the fields of electronic, computer, video and other amusement games; membership cards not magnetically coded for use in business transactions, namely, rental of video games” in International Class 016

 

“Electronic game apparatus, namely, hand held unit for playing electronic games” in International Class 028

 

“Retail store, on-line retail store and electronic catalog services featuring audio-video recordings of films, movies, DVDs, electronic video and computer games and associated electronic equipment and accessories, games, books, magazines, toys, foodstuffs, computer software and hardware, and related home entertainment products and equipment; retail store services in the field of new and used video games; retail kiosk services, namely, a section within a retail establishment or retail center, featuring audio-video recordings of films, movies, DVDs, electronic video and computer games and associated electronic equipment and accessories, games, computer software and hardware, and related home entertainment products and equipment; retail store services featuring video and computer game trading; advertising and promotional services for others in the nature of dissemination of advertisements and promotions via a global computer network” in International Class 035

 

“Rental and on-line rental services featuring audio-video recordings of films, movies, DVDs, electronic video and computer games and DVDs, and other entertainment-related software, and associated electronic equipment; entertainment services, namely, providing interactive online games, and providing a wide variety of information about films, video and computer games, music and other home entertainment related products and services via the internet” in International Class 041.

 

TMEP §§1402.01 and 1402.03.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

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 goods set forth in the present identification.

 

Combined Applications

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Failure to Respond – Abandonment of Specific Goods

If applicant should fail to respond to this Office action within the six month time limit, then the following goods/services will be deleted from the application: 

 

“computing apparatus; electronic game apparatus; apparatus for use with video games; video game players, audio and video compact discs; cd-roms; video tapes, video cassettes, compact discs and laser discs; video films; video recorders; video cassette-disc players, interactive customer service kiosks; computer software programs for interactive audio and video; parts and fittings for all the aforesaid goods” in International Class 009

 

“membership cards” in International Class 016

                       

“buying and selling” in International Class 035

 

“other entertainment related products and services” in International Class 041.

 

The application will then proceed forward for the remaining goods and services. 

 

 

/Nelson B. Snyder III/

Trademark Examining Attorney

Law Office 103

(703) 308-9103 ext. 147

(703) 746-8103 (fax)

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.