UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/631757
APPLICANT: WIZARDS OF THE COAST, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: URBAN ARCANA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 76/631757
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, the applicant must address the following issues:
In the application, there are two different identifications of goods. On the drawing page, the goods are listed as:
“brochures and booklets computer and video games; video game strategy guide books; video game strategy guide magazines; role-playing games and role-playing game scenario booklets; game strategy guide books; game strategy guide magazines; game instruction books; game instruction magazines; posters; computer game instruction manuals; printed game instruction sheets; printed scoring sheets; trading cards; calendars; novels; fantasy adventure books; loose-leaf binders, stickers and stationery”, in Class 016
This identification of goods is acceptable as written. However, in the body of the application, the goods are listed as (difference in bold):
“brochures and booklets computer and video games; video game strategy guide books; video game strategy guide magazines; role-playing games and role-playing game scenario booklets; game strategy guide books; game strategy guide magazines; game instruction books; game instruction magazines; posters; computer game instruction manuals; printed game instruction sheets; printed scoring sheets; trading cards; calendars; novels; fantasy adventure books; loose-leaf binders, stickers and stationery, namely, an online game convention for tournaments, events and activities”
The bolded section is indefinite. It appears to be a typographical error and can be deleted.
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 or services that are not within the scope of the goods and services recited in the present identification.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identification of Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual
Drawing
The mark as depicted on the drawing does not agree with the mark as it appears on the specimens, and clarification is required. 37 C.F.R. §2.51; TMEP §807.12. Specifically, the drawing displays the mark as a typed mark, and the specimen depicts the mark as the mark with a design element.
Applicant must either:
(1) submit a substitute specimen that shows use of the mark as it presently appears on the drawing and is accompanied by a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20; 37 C.F.R. §§2.59(a) and 2.72(a); TMEP §904.09; or
(2) amend the application basis to intent-to-use under Section 1(b), and satisfy all the requirements for this new basis. TMEP §806.03(c).
/Ernest Shosho/
Trademark Attorney
Law Office 102
571-272-9705
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.