Offc Action Outgoing

9 STORY ENTERTAINMENT

9 STORY MEDIA GROUP INC.

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           77/931350

 

    MARK: 9 STORY ENTERTAINMENT      

 

 

        

*77931350*

    CORRESPONDENT ADDRESS:

          EDWIN KOMEN          

          SHEPPARD MULLIN RICHTER & HAMPTON LLP  

          1300 I ST NW

          WASHINGTON, DC 20005-3314           

           

 

RESPOND TO THIS ACTION:

http://www.gov.uspto.report/teas/eTEASpageD.htm

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/main/trademarks.htm

 

 

    APPLICANT:           9 Story Entertainment Inc.      

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:  

          N/A        

    CORRESPONDENT E-MAIL ADDRESS: 

          

 

 

 

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:

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

IDENTIFICATION OF GOODS FOR INTERNATIONAL CLASS 9 MUST BE AMENDED

 

The wording “Prerecorded digital video discs featuring animated and live action stories and sound recordings” in the identification of goods is indefinite and must be clarified because it does not suffiently indicate the subject matter of the DVDs and sound recordings.  See TMEP §1402.01.  Applicant may substitute the following wording, if accurate: 

 

Prerecorded digital video discs featuring animated and live action fictional stories and sound recordings featuring fictional children’s stories, all for children and family audiences

IDENTIFICATION OF SERVICES FOR INTERNATIONAL CLASS 41 MUST BE AMENDED

 

The wording “providing a website featuring education and entertainment, all for children and family audiences” in the identification of services is indefinite and must be clarified because the meaning of education and entertainment for family audiences is too vague.  See TMEP §1402.01.  Applicant may substitute the following wording, if accurate: 

 

Production and distribution of animated and live action motion pictures and television programs for children and family audiences; providing a website featuring education and entertainment for children; providing a website featuring education and entertainment for family audiences, namely, [indicate specific education and entertainment provided on the website]

 

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  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 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.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

 

 

 

 

 

/Mark Sparacino/

Trademark Attorney

Law Office 103

US Patent and Trademark Office

571-272-9708

 

 

 

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.

 

 

 

 

 


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