To: | Sony Corporation (rhorowitz@bakerlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77813037 - QRIO - 41279.1471 |
Sent: | 11/29/2009 4:13:02 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/813037
MARK: QRIO
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Sony Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 11/29/2009
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 Results
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).
Statement Required – Significance of Mark
Failure to respond to this request for information can be grounds for refusing registration. See In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
Amended Identification of Goods and Services Required
THIS REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
The identification of Class 28 goods must be clarified because it is too broad and could include goods in other international classes, e.g., portable game machines for use with television receivers or computer or video monitors, which are Class 9 goods. See TMEP §§1402.01, 1402.03. Applicant may substitute the following wording, if accurate: “portable stand alone video game machines.”
In Class 41, the wording “providing on-line computer games, music, video and related information” is indefinite and must be clarified because it could include goods and services in other international classes, e.g., providing downloadable music and videos, which are Class 9 goods. See TMEP §1402.01. Therefore, the nature of the “music, video and related information” must be identified with greater specificity, e.g., “providing on-line computer games; providing non-downloadable prerecorded music and video via a computer network; providing information relating to computer games, music and video via a computer network.”
The remaining wording in the identification of goods and services is acceptable.
Applicant may substitute the following identification, if accurate (suggested changes are in bold type):
Class 9 – MP3 players; MP4 players; digital audio players and recorders which use integrated circuits as recording media; audio tape players and recorders; audio disc players and recorders; hard disc audio players and recorders; radio tuners; audio receivers; television receivers; liquid crystal display (LCD) televisions; plasma display panel (PDP) televisions; liquid crystal displays; liquid crystal display projectors; video tape players and recorders; video disc players and recorders; hard disc video players and recorders; set top boxes; video cameras; video cameras combined with video recorders and players; digital still cameras; cellular telephones; facsimile machines; personal digital assistants (PDAs); personal computers; scanners; computer printers; video game machines for use with televisions; computer application software for use in playing, recording and editing sound, image and data signals; computer application software for use in managing collections of sound, image and data signals on computer disc drives and computer software.
Class 28: Portable stand alone video game machines.
Class 35: Promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; advertising services, namely, distribution and dissemination of advertising materials; provision of commercial information in the field of transactions of general merchandise and general consumer goods; business management and advice; market research; computerized file management; dissemination of advertising for others via an online communications network on the Internet; providing business information via website; file sharing and information portal in the field of e-commerce
Class 41: Game services, namely, providing on-line video games; entertainment services, namely, providing on-line computer games; providing non-downloadable prerecorded music and video via a computer network; providing information relating to computer games, music and video via a computer network; rental of audio equipment; entertainment services, namely, providing online non-downloadable prerecorded music; entertainment services, namely, providing a web site featuring musical performances, musical videos, and related film clips and photographs; providing temporary use of non-downloadable online video games; providing on-line electronic publications, not downloadable, namely, _____ (indicate type of publications and subject matter, e.g., newsletters and magazines in the field of video games); online entertainment services, namely, providing on-going radio and television programs in the field of _____ (indicate subject matter, e.g., news) via a global computer network
See TMEP §§1402.01, 1402.03.
Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Multiple-Class Application Requirements
(1) Applicant must list the goods and/or services by international class; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
/Kathleen de Jonge/
Examining Attorney, Law Office 107
(571) 272-9152
(571) 273-9107 (fax)
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.