Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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: 6/10/2010

 

THIS IS A FINAL ACTION.

 

 

This Office action is in response to applicant’s communication filed on May 28, 2010.

 

The following requirements have been satisfied: statement regarding significance of mark; identification of goods and services in classes 9, 28 and 35.  TMEP §§713.02, 714.04.

 

The following requirement is now made FINAL:  identification of services in class 41.  See37 C.F.R. §2.64(a).

 

Final Refusal  -- Identification of Class 41 Services

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN

 

The wording “providing on-line electronic publications, not downloadable, such as pamphlets, brochures, newsletters, journals, and magazines relating to any and all subjects; entertainment services, namely, providing ongoing television and radio programs of any and all kinds” in the proposed identification of class 41 services is indefinite and must be clarified because it includes the open-ended wording “such as” and the overly broad subject matter descriptions “relating to any and all subjects” and “of any and all kinds.”  See TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  Therefore, the wording “such as” should be deleted and replaced with “namely,” and the wording “relating to any and all subjects” and “of any and all kinds” amended to indicate the specific subject matter or field of the programs, e.g., “relating to music, entertainment, games, cooking, sports, news and children’s programs.”  See TMEP §1402.01.  The remaining wording in class 41 is acceptable.

 

Applicant may amend the identification to list only those goods and services that are within the scope of the services set forth in the application or a previously accepted amendment to the identification.  See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.  

 

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.

 

Note – Partial Abandonment

If applicant does not respond within six months of the date of issuance of this final Office action, the following class 41 services to which the final requirement applies will be deleted from the application by Examiner’s Amendment:  “providing on-line electronic publications, not downloadable, such as pamphlets, brochures, newsletters, journals, and magazines relating to any and all subjects; entertainment services, namely, providing ongoing television and radio programs of any and all kinds.”

 

The application will then proceed for classes 9, 28, 35 (in their entirety) and the following wording in class 41 only:  “Game services, namely, providing on-line video games from a computer network; 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 video games.”  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final Office action by:

 

(1)  Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

 

(2)  Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

 

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

 

 

/Kathleen de Jonge/

Examining Attorney, Law Office 107

(571) 272-9152

 

 

 

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77813037) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 6/10/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77813037&doc_type=OOA&mail_date=20100610 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 6/10/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.