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:

 

INTERNATIONAL REGISTRATION NO. 1111459

 

This is a PROVISIONAL FULL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application.  See 15 U.S.C. §1141h(c).

 

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:

 

Applicant may respond directly to this provisional refusal Office action if applicant is not represented by an authorized attorney.  See 37 C.F.R. §2.193(e)(2)(ii).  Otherwise, applicant’s authorized attorney must respond on applicant’s behalf.  See 37 C.F.R. §2.193(e)(2)(i).  However, the only attorneys who are authorized to sign responses and practice before the USPTO in trademark matters are as follows:

 

(1)    Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States.

 

(1)    Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO.

 

See 37 C.F.R. §§2.17(e), 2.62(b), 11.1, 11.5(b)(2), 11.14(a), (c); TMEP §§602, 712.03.

 

Foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO.  See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(b).  That is, foreign attorneys may not file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal, among other things.  See 37 C.F.R. §11.5(b)(2); TMEP §§602.03(c), 608.01.  If applicant is represented by such a foreign attorney, applicant must respond directly to this provisional refusal Office action.  See 37 C.F.R. §2.193(e)(2)(ii).

 

DESIGNATION OF DOMESTIC REPRESENTATIVE:

 

The USPTO encourages applicants who do not reside in the U.S. to designate a domestic representative upon whom notices or process may be served.  15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2); see TMEP §610.  Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/index.jsp. 

 

THE APPLICATION HAS BEEN PROVISIONALLY REFUSED AS FOLLOWS:

 

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(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

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).

 

SUMMARY OF ISSUES that applicant must address:

 

• Identification
• Color claim/description
• Disclaimer
• Significance of mark

 

Identification of Goods and Services - Clarification Required:

 

The identification of goods and/or services contains parentheses.  Generally, parentheses and brackets should not be used in identifications.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., "obi (Japanese sash)."  TMEP §1402.12.  Therefore, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description. 

 

The wording in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  Applicant must clarify the identification of goods to specify the nature of the goods as well as their main purpose and their particular field of use or channels of trade.  TMEP §1402.01.  The applicant may aid in clarifying the indefinite term by following the indefinite subject matter with "namely, [specify goods by generic or common commercial name and field of use]."  Please note: The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau of the World Intellectual Property Organization assigned to the goods in the corresponding international registration.  TMEP §§1401.03(d) and 1904.02(b).  Therefore, any modification to this wording must identify goods in properly classified in the original International Class specified in the application for these goods. 

 

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant uses indefinite words such as "accessories" or "products," such words must be followed by "namely," followed by a list of the specific goods identified by their common commercial or generic names.  See TMEP §§1402.01, 1402.03(a).

 

The wording "printed publications" in the identification of goods is indefinite and must be replaced with the common name of the type of publication, e.g., pamphlets, brochures, newsletters, journals, magazines, etc.  Applicant must also specify the subject matter or field of use of the publications.  TMEP §1402.03(e).

 

The wording in the identification of services needs clarification because it is too broad and could include services classified in other international classes.  TMEP §§1402.01 and 1402.03.  Applicant must clarify the identification of services to specify the nature of the services as well as their main purpose and their particular field of use or channels of trade.  The applicant may aid in clarifying the indefinite term by following the indefinite subject matter with "namely, [specify services by generic or common commercial name and field of use]."  The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau of the World Intellectual Property Organization assigned to the services in the corresponding international registration.  TMEP §§1401.03(d) and 1904.02(b).  Therefore, any modification to this wording must identify services in properly classified in the original International Class specified in the application for these services. 

 

Computer software may be classified in two international classes - as a product in International Class 9 or a service in International Class 42.  Computer software is a product classified in International Class 9 if it is (1) recorded on media (such as CDs) or (2) downloadable and thus can be transferred or copied from a remote computer system for use on a long-term basis.  As a result, the applicant's International Class 42 software that can be downloaded is misclassified and must be deleted. 

 

Please note:  In accordance with the abovementioned requirements, the examining attorney has indicated acceptable changes to the applicant's identification of goods and services below in bold font.  Applicant may adopt the following identification of goods and services, if accurate:

 

CLASS 03:      "After-shave; antiperspirants; aromatherapy preparations, namely, [applicant must specify goods by common commercial name, e.g., essential oils for aromatherapy use]; aromatics, namely, [applicant must specify goods by common commercial name, e.g., aromatic oils]; baby wipes; bath salts; beauty masks; bubble bath; breath freshening sprays; cake flavourings; cleansing milk for toilet purposes; cosmetic creams; cosmetic kits composed of [applicant must specify primary components of kit, e.g., lipstick, lip gloss]; cosmetic pencils; cosmetic preparations for baths; cosmetics for animals; cosmetics; cotton sticks for cosmetic purposes; cotton wool for cosmetic purposes; decorative transfers for cosmetic purposes; dentifrices; deodorants for personal use; detergents for household use; eau de Cologne; essential oils; eyebrow cosmetics; eyebrow pencils; face glitter; false eyelashes; false nails; fingernail embellishments; hair color; hair conditioner and hair moistening preparations; hair cream; hair dyes; hair gel; hair lotions; hair spray; hair waving preparations; incense; lip balms; lipsticks; lotions for cosmetic purposes; make-up powder; make-up preparations; make-up removing preparations; make-up; mascara; moisturizing preparations for the skin; mouth washes, not for medical purposes; nail care preparations; nail polishes and varnishes and thinners therefor; non-medicated bath preparations; perfumery; perfumes; pomades for cosmetic purposes; potpourris; products and preparations for the care and cleansing of hair and skin, namely, [applicant must specify goods by common commercial name, e.g., skin cleansers and cosmetic preparations for hair]; scented room sprays; shaving preparations; shampoos for pets; shampoos; skin and face creams and lotions; skin moisturizer; soaps; sun block; sun-tanning preparations; temporary tattoo sprays and stencils therefor sold as a unit; tissues impregnated with cosmetic lotions; toilet water; non-medicated toiletries"

 

CLASS 09:      "Application development tool programs for personal computers, mobile digital electronic devices, hand held computers, and mobile telephones; carrying cases for cell phones, telephones, pagers and mobile computers; computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS devices; computer game software featuring character recognition, voice recognition, touch sensitivity, light sensitivity, gravity sensitivity; computer game software for electronic computer apparatus featuring interactive and multimedia functions that enable the user to integrate text, audio, graphics, still images and moving pictures; computer game software; decorative magnets; digital media, namely, CDs, DVDs, memory cards, and downloadable audio, video, and multimedia files, featuring music, motion picture and animated cartoon characters; digital memory devices, namely, [applicant must specify goods by common commercial name, e.g., blank CDs and DVDs]; downloadable computer game software for playing video, computer and on-line games; downloadable ring tones, music, videos, and electronic games, via the internet and wireless devices; downloadable software for developing, designing, modifying, recording and customizing sound and speech; downloadable software for developing, designing, modifying, recording and customizing video, computer and on-line games; downloadable video game software featuring touch and voice control; earphones; eyewear cases; eyewear; game controllers for computer games; headphones; interactive multimedia computer game software programs; mouse pads; software for enabling video computer and on-line games to be run on multiple platforms; speech recognition software; touch and voice driven interactive video game software; virtual reality headsets and helmets for use in playing video games"

 

CLASS 11:      "Air purifiers; barbecues; bed warmers; beverages cooling apparatus; bicycle lights; bicycle reflectors; chandeliers; disinfectant dispensers for toilets; dispensing units for air fresheners; electric blankets; electric fans; electric kettles; electric lamps; electric lights for Christmas trees; electric popcorn poppers; electric toasters; electric vaporizers; flashlights; globes for lamps; hair dryers; ice boxes; lamp casings; lamp mantles; lamp reflectors; lamp shades; lamps; lampshade holders; lanterns for lighting; non-electric pocket warmers, namely, chemically-activated heating packets for non-electric pocket warmers, namely, chemically-activated heating packets for warming hands; ornamental fountains; outdoor portable lighting products, namely, headlamps; pen lights; reading lights; toilet seats; water purifying apparatus; water sterilizers"

 

CLASS 14:      "Bracelets; buckles for watchstraps; clocks; horological and chronometric instruments and parts thereof; imitation jewelry; jewelry chains; jewelry; key chains as jewelry; lapel pins; necklaces; ornaments of precious metal in the nature of jewelry; pendants; watches; non-metal and non - leather key chains"

 

CLASS 16:      "Ball pens; bibs of paper; bookmarks; books in the field of cartoon characters; boxes of cardboard or paper; calendars; chalks; children's books; color pencil sets; color pencils, crayons; coloring books; comic books; drawing instruments; drawing paper; drawing rulers; erasing products, namely, [applicant must specify goods by common commercial name, e.g., rubber erasers], erasers, erasing fluids, namely, [applicant must specify goods by common commercial name, e.g., ink erasers]; fountain pens; gift boxes; glue for stationery or household purposes; greeting cards; loose-leaf binders; lunch bags; musical greeting cards; note books; packing paper, wrapping paper and packaging materials made of paper; writing pads; paintings; paper napkins; paper staplers; party ornaments of paper; paste for stationery or household purposes; pen and pencil cases and boxes; pencil sharpeners; pencils; pens; photograph albums; place mats and coasters of paper or cardboard; posters; printed publications, namely, newspapers and magazines in the fields of video games, animated characters, and online entertainment; rubber stamps; stationery; stickers; table cloths of paper; table linen of paper; writing instruments; writing pads, memo pads, writing paper; wall paper stencils"

 

CLASS 18:      NO CHANGES REQUIRED

 

CLASS 20:      "Bamboo blinds; beds; book shelves; boxes of wood or plastic; chairs; corks; cradles; cupboards; curtain hooks; curtain rails; curtain rings; curtain rods; curtain tie-backs in the nature of non-textile curtain holders; cushions; desks; dressing tables; easy chairs; figurines and statuettes made of plaster, plastic, wax and wood; fire screens for domestic use; furniture; garment covers, namely, [applicant must specify goods by common commercial name within International Class 20 or delete]; high chairs for babies; mirrors; non-metal and non-leather key chains; non-metal baskets, namely, [applicant must specify goods by common commercial name within International Class 20 or delete, e.g., baskets for transporting goods for commercial purposes]; non-metal clothes hooks; non-metal key rings; photograph frames; picture frames; pillows; playpens for babies; sleeping bags; statues of wood, wax, plaster and plastic; toy boxes; wood boxes; wind chimes; works of art and ornaments made of plaster, plastic, wax and wood not including Christmas tree ornaments"

 

CLASS 21:      "Baby bathtubs; basins; baskets for domestic use, not of metal; bath brushes; bath products, namely, body sponges; beverage glassware; beverageware; bird cages; bottles, sold empty; bowls; buckets; cages for household pets; cake molds; candlesticks; candy boxes; canteens; cleaning cloths; coasters, not of paper and other than table linen; cocktail shakers; combs; cookie jars; corkscrews; crockery, namely, pots, dishes, drinking cups and saucers, bowls, serving bowls and trays; cups; cutting boards; dental floss; drinking flasks; dust bins; egg cups; fly swatters; foam drink holders; fragrances oil burners; gloves for household purposes; grooming tools for pets, namely, combs and brushes; hairbrushes; heat-insulated vessels; ice buckets; ice cube molds; ironing board covers; jugs; kettles; lunch boxes; mixing bowls; mixing spoons; mugs; napkin holders; non-electric food blenders; non-metal piggy banks; ornaments of ceramics, china, glass, crystal, earthen, terra-cotta, porcelain not including Christmas tree ornaments; paper plates; pastry cutters; picnic baskets sold empty; pitchers; portable coolers; soap boxes; soap dispensers; soap holders; sponges for household purposes; statues of porcelain, terra-cotta or glass; stoppers for bottles of ceramics, china, glass, crystal, earthenware, terra-cotta and porcelain; tea pots; toilet brushes; toilet roll holders; toothbrushes; toothpick holders; toothpicks; trash cans; trays for domestic purposes; troughs; vacuum bottles; vases; waste baskets; watering cans; works of art of porcelain, terra-cotta or glass; trays for domestic purposes"

 

CLASS 24:      "Banners and flags of textile; bath linen; bed linen; bedspreads; bed blankets; blinds of textile, namely, [applicant must specify goods by common commercial name within International Class 24 or delete]; cloths, namely, [applicant must specify goods by common commercial name within International Class 24 or delete, e.g., cotton cloth]; cotton fabrics; covers for cushions; curtain holders or tiebacks of textile; curtains; fabrics for textile use; unfitted furniture coverings of textile; handkerchiefs of textile; mattress covers; pillowcases; quilts; textile place mats; textile tablecloths; towels; wall hangings of textile"

 

CLASS 25:      "Articles of clothing, namely swimwear, swimsuits, sportswear, namely, [applicant must specify goods by common commercial name, e.g., sports jerseys], waterproof jackets and pants, rain wear, gloves, mittens, belts, underwear, sleep wear, pajamas, bathrobes, hats, caps, sun visors, berets, socks, stockings, panty hose, shoes, sports shoes, slippers, sneakers, beach shoes, masquerade costumes, bandanas, jackets, knitwear, namely, [applicant must specify goods by common commercial name, e.g., sweaters], t-shirts, shirts, outerwear, namely, [applicant must specify goods by common commercial name, e.g., jackets], shorts, dresses, skirts, coats, vests, sweaters, ties, scarves, sweatshirts, hooded sweatshirts, gowns; bibs, not of paper; children's and infant's apparel, namely, [applicant must specify goods by common commercial name, e.g., sports jumpers, one-piece garments]; footwear; headwear; wrist bands"

 

CLASS 27:      "Bath mats; carpets and rugs; door mats; floor coverings; foam mats for use on play area surfaces; linoleum; wall hangings, not of textile; wallpaper"

 

CLASS 28:      "Action figure toys; arcade games; arcade-type electronic video games; articles of clothing for toys; balloons; balls for games; bath toys; battery operated action toys; board games; bob-sleighs; bubble making wand and solution sets; card games; Christmas tree ornaments and decorations; dolls designed to resemble computer game characters; electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; gambling machines; ice skates; infant toys; inflatable toys; in-line roller skates; interactive hand-held audio-visual games with liquid crystal displays not for use with television receivers; kite reels; kites; mechanical toys; musical toys; parlor games; party favors in the nature of small toys; party games; pinball games; plastic character toys; plush toys; protective padding for playing {indicate sport, e.g., skateboarding]; puppets; roller skates; rubber character toys; sailboards; sandbox toys; skateboards; skating boots with skates attached; action skill games; skis; snow boards; squeeze toys; stand-alone video output game machines; surf boards; swings; tabletop games; talking dolls; talking toys; toy boxes; toy masks; toy snow globes; toy vehicles; water toys; wind-up toys"

 

CLASS 41:      "Amusement park and theme park services; animation film and video production services; distribution of radio programs for others; distribution of television programs for others; entertainment in the nature of competitions in the field of computer and video games; entertainment in the nature of live stage performances featuring animated characters; entertainment in the nature of theater productions; entertainment services, namely production of entertainment shows and interactive programs for distribution via television, cable, satellite, audio and video media, cartridges, laser discs, computer discs and electronic means; entertainment services, namely providing online computer games and online video games that are accessible and playable via mobile and cellular phones and other wireless devices; entertainment services, namely the provision of continuing entertainment and news programs featuring entertainment information delivered by communication and computer networks; entertainment services, namely, live, televised and movie appearances by a professional entertainer; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs and other multimedia entertainment materials featuring animated cartoon characters; entertainment services, namely providing a web site in the field of music, video games, and animated cartoon characters; entertainment services, namely, providing on-line computer games; entertainment services, namely, providing touch and voice driven online computer games for digital mobile devices; entertainment, namely, a continuing entertainment animated cartoon show broadcasted over global and local area computer networks; multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; on-line gaming services; online multiplayer video game tournaments; production and provision of entertainment and news via communication and computer networks; production of audio, video, and multimedia recordings; production of radio and television programs; production of sound recordings; production, and distribution of motion pictures and rental of motion picture films; providing downloadable audio and video files in the field of entertainment relating to interactive computer game software, interactive video game software and interactive computer and video games; providing online computer games for use on mobile devices; providing news and information in the field of entertainment regarding interactive computer game software, interactive video game software and interactive computer and video games, via electronic, wireless and computer networks; providing non-downloadable video and audio recordings about animated cartoon characters made within computer games via a website; providing online computer and video games accessed and played via electronic, wireless and computer networks; rental of sound recordings; video production services; video film production; video recording services"

 

CLASS 42:      "Computer graphics design services, namely, creation of computer generated cartoon animated images; technological consultation in the technology field of computer hardware and software; computer programming; computer software consulting; computer systems analysis; conversion of data from physical to electronic media; design of computer systems; development, consultancy on and designing of computer software; development, consultancy on and designing of touch and voice driven computer software for electronic digital mobile devices; engineering in the field of computer science; hosting a web site featuring user generated content; ["downloadable" software cannot be classified in Class 42 and must be deleted] providing computer software that may be downloaded from a global computer network; services of installation, maintenance and servicing of computer software; updating and maintenance of computer software, including touch and voice driven computer software for electronic digital mobile devices"

 

§66 (a) Applications - Classification for Good/Services cannot be Changed (Advisory)

 

The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods and/or services by the

International Bureau in the corresponding international registration.  TMEP §§1401.03(d), 1904.02(b).

 

PTO Online Searching Manual:

 

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the PTO website at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Please also note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

Color Claim and Color Description - Clarification Required:

 

The color claim and mark description are incomplete.  The color claim does not identify all the colors in the drawing of the mark; and the mark description does not reference all the literal or design elements in the mark and/or it does not reference all the colors in those elements.  Specifically, the following colors have been omitted from the color claim:  light blue, dark blue, black and white.  And the following colors and/or literal and design elements have been omitted from the mark description:  the entire color description is omitted. 

 

A complete color claim must reference all the colors appearing in the drawing of the mark.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.  And a complete mark description for a mark depicted in color must identify all the literal and design elements in the mark and specify where the colors appear in those elements.  See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. However, if black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude these from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark.  TMEP §807.07(d). 

 

Based on the foregoing requirements for a complete color claim and mark description, applicant must provide a color claim that references all the colors in the mark, and a mark description that identifies all the literal and design elements and specifies where the colors appear in those elements.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

 

The following color claim and mark description are suggested: 

 

The colors dark blue, blue, light blue, gray, brown, black and white are claimed as a feature of the mark.

 

The mark consists of the following:  a stylized bird with a feathered body in the colors white and gray with light blue shading. The bird’s eyes are blue, black, white and gray. The bird’s beak is brown with black shading. A circular design moving inward surrounding the bird appears in the colors dark blue, gray and white. Below the stylized bird appears the words “talking Larry” with the word “talking” appearing in the color white with the word “Larry” appearing in the color light blue. The words are surrounded by a dark blue background. Directly below the words appears a dark blue feather attached to the letter “Y” in the word “Larry.

 

Disclaimer as to classes 9, 28 & 41

 

Applicant must disclaim the descriptive wording "TALKING" apart from the mark as shown at to Classes 9, 28 and 41 because it merely describes a characteristic, feature and/or function of the goods and services.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). Please see the attached dictionary definitions indicating the meaning and descriptive meaning for this term in reference to the goods in the above indicated classes.

 

"Talking" is defined as "to articulate words," "to make sounds suggestive of talking" and/or "performing the act of speaking." Therefore, "talking" is descriptive of the goods and services in Classes 9, 28 and 41 because the goods/services speak, make sounds suggestive of speaking or feature characters that talk.

 

A "disclaimer" is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark; it does not affect the appearance of the mark.  TMEP §1213.  An unregistrable component of a mark includes wording and designs that are merely descriptive of the goods and/or services, and is wording or an illustration that others would need to use to describe or show their goods and services in the marketplace.  15 U.S.C. §1052(e); see TMEP §§1209.03(f), 1213.03 et seq.

 

 Applicant may submit the following standardized format for a disclaimer:

 

                       No claim is made to the exclusive right to use "TALKING" apart from the mark as shown.

 

TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).

 

Significance Requirement

 

Applicant must explain whether "TALKING" has any meaning or significance in the industry in which the goods and/or services in Classes 11, 14, 16, 18, 20, 21, 24, 25, 27 and 42 are manufactured/provided, or if such wording is a "term of art" within applicant's industry.  See 37 C.F.R. §2.61(b); TMEP §814.

 

Further, applicant must provide additional information about this wording to enable proper examination of the application.  Specifically, applicant must respond to the following question(s): Do any of the goods/services included in this application articulate words or make sounds suggestive of talking? Do any of the goods/services in this application relate to the technology involved in making things articulate words or make sounds suggestive of talking?  Do any of the goods/services feature characters that articulate words or make sounds suggestive of talking?

 

Failure to respond to a request for information is an additional ground for refusing registration.  See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P'ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant's rights.  See TMEP §§705.02, 709.06.

 

 

/Mark T. Mullen/

Examining Attorney

Law Office 111

phone (571) 272-9201

fax (571) 273-9111

mark.mullen@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  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.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

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.