Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  78/708735

 

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 mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  However, please be advised that a potentially conflicting mark in a prior-filed pending application may present a bar to registration.

 

Information regarding pending Application Serial No. 78670560 is enclosed.  The filing date of the referenced application precedes applicant’s filing date.  There may be a likelihood of confusion between the marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d) because the marks are identical and because the goods, namely various media and internet services, are likely to travel through the same channels of trade to the same classes of purchasers.  If the referenced application registers, registration may be refused in this case under Section 2(d).  37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon entry of a response to this Office action, action on this case may be suspended pending final disposition of the earlier-filed application.

 

If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action.  The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.

 

Identification of Goods

 

The services in class 41 are:  Film and video production, production of programs for radio and television, production of content and programming for the Internet; photography; production of shows, arranging of contests, arranging of exhibitions, organizing exhibitions for entertainment purpose, conducting entertainment exhibitions in the nature of fashion shows, entertainment in the nature of fashion shows, organization of fashion shows, entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia.

 

The identification of services is unacceptable as indefinite.  The applicant must clarify the identification of services by specifying the particular type of FILM AND VIDEO PRODUCTION and PHOTOGRAPHY.  TMEP §1402.01.

 

The applicant may adopt the following identification, including clarified wording, if accurate:

 

Class 41:   MOTION PICTURE FILM PRODUCTION; PRODUCTION OF VIDEO CASSETTES; production of programs for radio and television; ENTERTAINMENT NAMELY, production of content and programming for the Internet; photography SERVICES; ENTERTAINMENT NAMELY, production of (specify type of show) shows; arranging of contests; arranging of (specify type, e.g., entertainment, educational) exhibitions in the nature of ______ (specify); organizing exhibitions for entertainment purpose; conducting entertainment exhibitions in the nature of fashion shows, entertainment in the nature of fashion shows; organization of fashion shows; entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia (specify type or subject matter).

 

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.

 

Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.

 

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.

 

 

 

/Katy Halmen/

Trademark Examining Attorney

Law Office 109

Phone:  (571) 272-8911

Fax:  (571) 273-9109

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.

 

 

 

 

 

 

Mark
        GLAM
Pseudo Mark
        GLAMOUR
Goods and Services
        IC 035. US 100 101 102. G & S: Advertising and promoting the sale of products of others, including women's apparel, shoes, handbags, jewelry, beauty products, lotions, and related accessories, via a global computer network; providing a website featuring information about such products, such as retailer locations, product descriptions and comparative information, price comparisons, product availability, discounts and promotions, product features, product ratings, purveyor ratings and evaluations, and customer product and purveyor reviews; providing a website featuring online testing to create personal profiles and match users to personalized collections of products

        IC 038. US 100 101 104. G & S: Providing on-line communications links that transfer a website user to other local and global web pages

        IC 045. US 100 101. G & S: Computer social introduction services; providing an on-line computer service for use in social introduction and interaction, featuring information about individuals, including shopping interests and product preferences, and personal profiles; providing a website featuring online testing to create personal profiles and match users to personalized collections of products
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        78670560
Filing Date
        July 14, 2005
Current Filing Basis
        1B
Original Filing Basis
        1B
Owner Name and Address
        (APPLICANT) Glam Media, Inc. CORPORATION DELAWARE Suite 130 8000 Marina Boulevard Brisbane CALIFORNIA 94005
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        Ivan Rothman