UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER  

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 10/14/2010

 

 

The mark in this application was approved for publication but withdrawn for the following reasons.

 

 

Recitation of Services – International Class 41

 

The wording “entertainment in the nature of video games” in the identification of services listed in class 41 is indefinite and must be clarified because it is too broad and could include services in other international classes. "Entertainment in the nature of video games" includes goods in 9 and 28 and services in 41; the Manual entry on which the ID appears to be based, "entertainment in the nature of {indicate specific sport} games" refers to sports games - entertainment services in the nature of providing on-line video games is acceptable in class 41. Please note that applicant has video games listed in Class 9 already of record.  See TMEP §§1402.01, 1402.03.  Applicant may substitute the following wording, if accurate:

 

 

Arcade-type electronic education video games, Int. Cl. 28;

Arcade-type electronic video games, Int. Cl. 28;

Coin-operated video games, Int. Cl. 28 {these items may be added to the identification of goods of record listed in class 28};

 

 Educational and entertainment services, namely, a continuing program about microbe and microorganism characters accessible by radio, television, satellite, audio, video and computer networks; Entertainment Services, namely, providing a website featuring photographic, audio, video and prose presentations featuring microbe and microorganism characters; Entertainment in the nature of providing on-line video games; Entertainment, namely, production of motion pictures, television programs/shows, and webcast programs; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, an on-going series featuring microbe and microorganism characters provided through motion pictures, television programs/shows, webcast programs, online games via internet, and web site; Entertainment services, namely, providing a television program in the field of children entertainment via a global computer network; Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials in the field of children's entertainment and education; Entertainment services, namely, providing an on-line computer game; Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing podcasts in the field of children entertainment; Entertainment services, namely, providing webcasts in the field of children entertainment; Entertainment, namely, a continuing children show broadcast over television, satellite, audio, and video media, Int. Cl. 41.

 

An applicant may amend an identification of goods/services only to clarify or limit the goods/services; adding to or broadening the scope of the goods/services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

Partial Abandonment

 

If applicant does not respond within six months of the date of issuance of this final Office action, the following services to which the refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment:  entertainment in the nature of video games. 

 

The application will then proceed for the following goods and services: 

 

Computer programs for pre-recorded games; electronic game programs, video game software, computer game software, video game cartridges, all featuring microbe and microorganism characters; exposed cinematographic film; exposed cinematographic films featuring microbe and microorganism characters; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital disks featuring microbe and microorganism characters; Digital media, namely, video cassettes, audio discs, digital video discs, digital versatile discs, downloadable audio and video, compact discs, DVDS, motion picture films featuring microbe and microorganism characters; Pre-recorded CDs, video tapes, laser disks and DVDs featuring microbe and microorganism characters; Pre-recorded digital media featuring microbe and microorganism characters; Blank digital storage media; Blank electronic storage media; Digital trading cards in the nature of multimedia software recorded on magnetic media featuring microbe and microorganism characters, Int. Cl.9;

 

 

Toys, namely, collectable toy figures; Crib toys; Dog toys; Pet toys; Plush toys; Soft sculpture plush toys; Soft sculpture toys; Squeezable squeaking toys; Squeeze toys; Stuffed toy animals; Stuffed toy bears; Stuffed toys; Toy animals and accessories therefor; Toy figures, Int. Cl. 28;

 

 

Educational and entertainment services, namely, a continuing program about microbe and microorganism characters accessible by radio, television, satellite, audio, video and computer networks; Entertainment Services, namely, providing a website featuring photographic, audio, video and prose presentations featuring microbe and microorganism characters; Entertainment, namely, production of motion pictures, television programs/shows, and webcast programs; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, an on-going series featuring microbe and microorganism characters provided through motion pictures, television programs/shows, webcast programs, online games via internet, and web site; Entertainment services, namely, providing a television program in the field of children entertainment via a global computer network; Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials in the field of children's entertainment and education; Entertainment services, namely, providing an on-line computer game; Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing podcasts in the field of children entertainment; Entertainment services, namely, providing webcasts in the field of children entertainment; Entertainment, namely, a continuing children show broadcast over television, satellite, audio, and video media, Int. Cl. 41.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

 

The examining attorney regrets any inconvenience to applicant as a result of the delay in making the above requirement.

 

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action. Applicant may also contact the examining attorney at Priscilla.milton@uspto.gov to authorize an examiner’s amendment.

 

 

 

/Priscilla Milton/

Examining Attorney

Law Office 110

(571) 272-9199

 

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 10/14/2010 FOR

SERIAL NO. 77862873

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

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

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 10/14/2010 (or sooner if specified in the office action).

 

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.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

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