UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 79162295
MARK: TALKING HANK
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Outfit7 Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1240253
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID PARTIAL ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL PARTIAL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional partial refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL PARTIAL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application that applies to only the following goods and services identified in the International Classes discussed below. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional partial refusal.
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 OF GOODS AND SERVICES
Wording in the identification of goods and services in the below classes is indefinite and must be clarified as noted in bold. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Further, in a multiple-class Section 66(a) application, an applicant may not transfer goods and/or services from one existing international class to another. 37 C.F.R. §2.85(d); see TMEP §§1402.07(a), 1904.02(c).
Therefore, any modification to this wording must identify goods and/or services in the same International classes that they are identified in as specified in the application for these goods and/or services.
The following substitute wording is suggested, if accurate
INTERNATIONAL CLASS 003:
After-shave; antiperspirants; aromatherapy preparations, namely, essential oils for aromatherapy use, non-medicated aromatic bath
preparations, aromatherapy cosmetic creams, aromatherapy skin lotions, aromatherapy underarm deodorants, aromatherapy perfumes, aromatherapy lip balms; aromatics, namely, aromatic oils, potpourris,
attars, incense sticks; baby wipes impregnated with cosmetic lotions; bath salts; beauty masks; bubble bath; breath freshening sprays; Flavourings for cakes other than essential oils; cleansing milk for toilet purposes; cosmetic creams;
cosmetic kits composed of lip gloss, eye shadows, eyeliners, mascaras, lipsticks, lip liners, lip stains, powder, blush, cleansers, palettes; 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 (cosmetics); 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, hair colors, hair conditioners, hair gels, hair glues, hair mousses, hair serums, hair sprays, hair tonics, hair waxes, hair volumizers, pomades, skin cleansing gels,
moisturizing creams, revitalizing tonics; spray on air fragrancing preparations. 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 for cosmetic purposes; tissues impregnated with cosmetic lotions; toilet water;
non-medicated toiletries
INTERNATIONAL CLASS 005:
Absorbent cotton for medical
purposes; absorbent wadding for
dressings; adhesive bands for medical purposes; adhesive plaster for medical purposes; adhesive tapes for medical purposes; Medicated supplements for foodstuffs for babies, namely, albuminous foodstuffs for medical purposes; antiparasitic collars for
animals; antiseptics; antiseptic cotton; balms for medical purposes; bath preparations, medicated; bath salts for medical purposes; bandages for dressings; belts for sanitary napkins towels; capsules
for medicines {, namely, (specify type, e.g., gelating capsules sold empty)}; capsules for pharmaceutical purposes, namely, capsules sold empty for pharmaceuticals; chewing gum for medical purposes; cotton for medical purposes; court plaster;
cotton wool in the form of sticks for medical purposes; diapers made of cellulose; diapers made of paper; dietary food supplements; dietary and nutritional supplements; dietetic beverages adapted for
medical purposes; dietetic foods, namely, {indicate types of food, e.g., pasta, crackers, etc.}
adapted for medical purposes; dietetic foods, namely, {indicate types of food, e.g.,
pasta, crackers, etc.} adapted for infants; dietetic substances, namely, {indicate substances, e.g., sugar, sugar substitutes, etc.} adapted for medical use; disinfectants
for medical instruments; disinfectants for hygiene purposes; dog
lotions, namely, medicated lotions for treating dermatological conditions; dog washes, namely, saline wash for medical purposes; drugs for medical purposes {indicate what drugs are treating, e.g., for
the treatment of stress, fatigue, musculoskeletal disorders, high blood pressure, high cholesterol, high blood sugar, muscle pain, joint pain and arthritis}; eye-wash; first-aid boxes filled; fly catching adhesives; fly catching paper; fly destroying preparations; fly glue;
fungicides; herbicides; germicides; herb teas for medical purposes; hygienic bandages impregnated with
{indicate the pharmaceutical or therapeutic substance}; insect repellents; insecticides; lotions for pharmaceutical purposes; lotions for
veterinary purposes; Medicated lozenges for pharmaceutical purposes; material for stopping teeth, namely, amalgams, artificial resins, cement, porcelain, fiberglass and zirconium; dental wax; medical
preparations for slimming purposes; medicinal alcohol; medicinal drinks; medicinal herbs; medicinal oils; medicinal tea; medicine cases portable filled, namely, containers for veterinary and human medical and clinical use sold filled with a platelet additive solution; medicated confectionery; menthol for pharmaceutical purposes; mineral supplements in tablet, powder or capsule form; mothproofing paper; mothproofing preparations; mouthwashes for medical purposes; mud for baths, namely, medicated bath preparations; napkins for incontinence; Antibiotic ointments; oxygen
baths for medical use; Incontinence garments, namely, pants, absorbent, for
incontinents; poultices; Medicated compresses; protein
dietary supplements; remedies for foot perspiration, namely, medicated foot powder; repellents for dogs; royal jelly dietary supplements; salts for mineral water baths, namely,
bath salts for medical use; sanitary napkins; sanitary panties; sanitary towels; smelling salts;
Medicated sunburn ointments; sunburn preparations for pharmaceutical purposes;
syrups for pharmaceutical purposes for the treatment of {indicate specific disease or condition}; sterilising preparations; therapeutic medicated bath
preparations; tissues impregnated with pharmaceutical lotions; vitamin preparations in the nature of food supplements
INTERNATIONAL CLASS 009:
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 point of sale 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, blank CDs and DVDs, audio and video discs, audio and video minidiscs, USB flash drives, flash memory cards; 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; 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; walkie-talkies; loudspeakers; handheld computers; mobile phones; microphones
INTERNATIONAL CLASS 011:
Air purifiers; barbecues; bed warmers; beverages cooling apparatus; bicycle lights; bicycle reflectors; chandeliers; disinfectant
dispensers for toilets; dispensing units for air fresheners; electric blankets, not for medical purposes; electric fans; electric kettles; electric lamps; electric lights for Christmas trees;
electric popcorn poppers; electric toasters; electric vaporizers for household purposes; flashlights; globes for lamps; hair dryers; ice boxes; lamp casings; lamp mantles; lamp reflectors; lamp shades; lamps; lampshade holders; lanterns for lightning; 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
INTERNATIONAL CLASS 018:
All-purpose carrying bags; animal leashes; backpacks; bags for sports; book bags; briefcases; carrying cases; collars for pets;
duffel bags; handbags; key cases; leather or leather-board boxes; luggage tags; luggage; messenger bags; pouches of leather; pouches of textile (bags); purses; school
satchels; sling bags for carrying infants; suitcases; toiletry bags sold empty; toiletry cases sold empty; tote bags; travelling bags; umbrellas; wallets
INTERNATIONAL CLASS 020:
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, garment covers for storage, namely, wardrobes; high chairs for babies; mirrors; non-metal baskets, namely, baskets for transporting goods for commercial purposes, fishing baskets; non-metal bed fittings; non-metal clothes hooks; photograph frames; picture frames; pillows; playpens for babies; sleeping bags; statues of wood, wax, plaster and plastic; toy boxes; wind chimes; works of art and ornaments made of plaster, plastic, wax and wood
INTERNATIONAL CLASS 021:
Baby bathtubs; basins; baskets for domestic use, not of metal; bath brushes; bath products, namely, body sponges; beverage
glassware; containers for beverages; 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 (household utensils); fragrances oil burners (non-electric); 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; non-electric kettles; lunch boxes; mixing bowls; mixing spoons; mugs; napkin holders; non-electric food blenders for household purposes; non-metal piggy banks; ornaments of ceramics,
china, glass, crystal, earthenware, terra-cotta, porcelain; paper plates; pastry cutters; fitted 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; picnic baskets sold empty
INTERNATIONAL CLASS 025:
Articles of clothing, namely, swimwear, swimsuits, sportswear, namely, 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, knitted jerseys and t-shirts and shirts; outerwear, namely, outdoor winter clothing namely, winter boots and jackets and coats and ski pants and cardigans and anoraks and wind resistant jackets, rain coats, soft-shell jackets, shorts, dresses, skirts, coats, vests, sweaters, ties, scarves, sweatshirts, hooded sweatshirts, gowns; bibs, not of paper; children's and infant's apparel, namely, sports jumpers, one-piece garments, t-shirts, arm and leg warmers, trousers, coats, jackets, costumes for [specify, e.g., use in children’s dress up play], gloves and mittens, hats, rompers, sleepwear, socks, hooded sweatshirts; footwear; headwear; wrist bands
INTERNATIONAL CLASS 028:
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; sleds; bubble making wand and solution sets; card games; Christmas tree ornaments and decorations; dolls designed to
for resemble computer game characters; dolls responding to signals from other electronic devices; plush toys designed to for resemble computer game characters;
plastic toys designed to for resemble computer game characters; plush toys responding to signals from other electronic devices; electronic novelty toys, namely, toys that
electronically record, play back, and distort or manipulate voices and sounds; gambling machines; game controllers for computer games; ice skates; infant toys; inflatable toys; in-line roller skates;
interactive hand-held audio-visual games with 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 sports, namely, skateboarding, in line skating, baseball, basketball, BMX bicycle motocross, field
hockey, football, hockey, inline skating, lacrosse, martial arts, motocross, mountain biking, skiing, snowboarding, softball, volleyball; 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 masks; toy snow globes; toy vehicles; water toys; wind-up toys; stand-alone video game machines for use with external display screens or monitors;
building blocks toys; body boards; chess games; apparatus for electronic games other than those adapted
for use with an external display screen or monitor; electronic toys; electronic learning toys; battery operated action
toys; puzzles; plastic character toys; electronic remote controlled toys, namely,
cars, race cars, airplanes, boats
INTERNATIONAL CLASS 029:
Bacon; bouillon; bouillon concentrates; broth; broth concentrates; butter; caviar; cheese, chocolate nut butter;
charcuterie; {Specify type, e.g., chicken, meat, fish} croquettes;
crystallized fruits; drinks made from dairy products; edible oils and fats; eggs; fruit peel; fish, tinned; fruits, tinned; food products made from fish, namely, fish filets, surimi, fish cakes; frosted fruits; frozen fruits; fruit chips; jellies, jams,
compotes, fruit and vegetable spreads; maize oil; margarine; marmalade; meat jellies; meat tinned; meat extracts; milk beverages with high milk content; olive oil for food; preserved mushrooms; preserved fruits; preserved vegetables; prepared nuts; pates;
peanut butter; peanuts, processed; peas, preserved; potato chips; potato fritters; preparations for making bouillon; preparations for making soup; raisins; soups; preserved
seaweeds for food eating; yoghurt; processed seafood; salads, namely, {specify type, e.g., garden
salads, fruit salads, vegetable salads, etc.}; sauerkraut; sausages; sesame oil; seafood, tinned; tofu; tomato purée; vegetable salads;
vegetable soup preparation; vegetables, tinned; whipped cream
INTERNATIONAL CLASS 030:
Almond confectionery, namely, sugar coated almonds,
almond cake and almond paste; aromatic preparations for food, namely, seasonings, spices, stock cubes and processed herbs; Starch-based binding agents for
ice cream; edible ices; biscuits; bread rolls; buns; cakes; cake powder; caramels candy; cereal based snack food; cereal-based snack foods, namely, dried cereal flakes; coffee; Cheese flavored snacks, namely, cheese curls snacks; chewing gums; chocolate; chocolate bars; Chocolate based ingredient for use
in preparation for making beverages chocolate based; chocolate-based beverages with milk; chocolate coated nuts; chocolate based ingredient for use in confectionery products;
chocolate decorations for cakes; chocolate flavored coatings, namely, chocolate flavored
icings; chocolate items, namely, chocolate for decorating Christmas trees; confectionery made of sugar; chocolate truffles; cocoa; cocoa-based beverages; cocoa beverages with milk; cocoa powder;
cocoa, cocoa based beverages and cocoa preparations for making cocoa
beverages; coffee-based beverages; coffee beverages; coffee
flavourings; confectionery for decorating Christmas trees; confectionery ices, namely,
sherbets; cookies; cooking salt; corn flakes; corn meal; crackers; curry spices; custard; edible ices; edible decorations for cakes; frozen
yoghurt; fruit jellies candy; fruit sauces excluding cranberry sauce and
applesauce; flavourings for cakes other than essential
oils; gingerbread; honey; herbal teas and herbal infusions; herbal preparations for making beverages, not for medicinal use, namely, herbal flavorings for making beverages (not for medical use); ice cream; ice cream drinks; baking-powder; ketchup; liquorice; macaroni; marzipan; marzipan substitutes; mayonnaise; meat gravies; meat pies; meat tenderizers, for household purposes; oatmeal; pastry; popcorn; pancakes; pasta; pepper; peppers seasonings; pizzas; pretzels; Dessert puddings; Instant pudding mixes puddings in powder form; ravioli; relishes; rice based snack food; rice cakes; rusks; salad dressings; sandwiches; sherbets ices; rice-based, cereal based and wheat-based snack
foods; syrup for flavoring food or beverages; spaghetti; spices; soy sauce; spreads containing chocolate; sweetmeats candy; sushi; sugar; tarts; tea based beverages; teas;
tomato sauce; udon noodles (Japanese style noodles); vinegar; condiments, namely, oyster
sauce and pepper sauce; prepared wasabi paste; wheat flour; vanilla; waffles
INTERNATIONAL CLASS 032:
Aerated water; aperitifs, non-alcoholic; beers; cider, non-alcoholic; cocktails (non-alcoholic); energy drinks; essences for
making non-alcoholic beverages; fruit drinks and fruit juices;
fruit nectars, non-alcoholic; lemonades; milk of almonds for beverages (beverage); mineral water; non-alcoholic drinks and beverages, namely, {specify types of drinks and beverages, e.g., carbonated beverages and energy
shots}; non-alcoholic fruit juice beverages; pastilles for effervescing beverages, namely, powders for making soft drinks; powders for effervescing beverages, namely, fruit drinks and whey drinks; smoothies; soda water; soft drinks; sorbets
in the form of beverages; syrups for making beverages; fruit juice concentrates; table waters; vegetable drinks and vegetable juices; water beverages; whey beverages
INTERNATIONAL CLASS 035:
Wholesale and retail store services relating to the sale of featuring party favours, namely, plastic and paper jewelry, plastic toys, paper hats, paper and plastic whistles and magic sets,
festive decorations and ornaments, namely, products for decorating rooms, clothing, jewelry and paper, soaps, perfumery, essential oils, cosmetics, hair lotions, hair care products, toiletries,
dentifrices, personal hygiene products, cleaning, polishing and abrasive preparations, substances for laundry use, manicure tools, nail care preparations, nail polish, false nails, dietetic
substances, food for babies, sanitary preparations, candles, wicks, spills for lighting, greases, lubricants, oils for paints, cutlery, crockery, manicure sets, shaving instruments, razors, machines
and machine tools for kitchen or household purposes, namely, dishwashers, washing machines, cooker hoods, kitchen stoves and mixers, hand-held tools, films, cameras, photo discs, video recorders,
audio and visual products, audio and video tapes, records and discs, instruments and apparatus for the recording, transmitting and/or reproduction of sounds and/or images, televisions, cassette tape
players and/or recorders, video cassette and/or disc players and/or recorders, radios, telephones, wireless phones, mobile phones, mobile phone cases, decorations and straps for phones, call
indicators, calculating machines, calculators, electronic and computer games, cinematographic films, lights, fans, cooking utensils, cake and pastry moulds, toasters, ovens, kitchen utensils, namely,
juice squeezers, blenders, cutters, scales, pans, dishes, cutlery, plates, cups, glasses and bowls, utensils and containers for serving or storing food and/or beverages, chop sticks, cutting
instruments, porcelain, chinaware, crystalware, enamelware, silverware, glassware, terra-cottaware, earthenware, ceramics, hair dryers, lamps, lamp shades and parts and fittings therefor, baby
carriages. balloons, bicycle horns, clocks and watches and accessories and parts and fittings therefor, jewellery and imitation jewellery, ornaments, goods in precious metal or coated therewith,
namely, jewelry, watches, clocks, sculptures and boxes, music boxes, musical instruments, pictures, photographs, stationery, paper and cardboard and goods made from these materials, namely,
containers, boxes, bags, posters, towels and handkerchiefs, artists materials, paint brushes, writing instruments, printed matter, books, newspapers, magazines and periodicals, greeting and Christmas
cards, playing cards, packing and packaging materials, picture frames and stands, adhesives for stationery or household purposes, goods made of leather and/or imitations of leather, namely, bags,
wallets, clothes, shoes, riding equipment and furniture, bags and luggage, purses and wallets, umbrellas, walking sticks, furniture, mirrors, coat hangers and pegs, boxes and containers, name plates,
containers, combs, sponges, brushes, articles for cleaning purposes, spectacles, spectacle frames and sunglasses and cases and accessories therefor, textile and textile goods, bedding, and table
linens and covers, napkins, mats, furniture, haberdashery, handkerchiefs, articles of clothing, footwear and headgear, namely, products from clothing, footwear and headgear, namely, swimwear, jackets
and waterproof jackets, rain wear, belts, underwear, nightwear, hats, caps, sun visors, socks, stockings, tights, masquerade costumes, jackets, knitwear, shirts, men's shirt, outerwear, shorts,
dresses, skirts, coats, vests, sweaters, ties, scarves, sweatshirts, robes, bibs, clothing for children and infants, shoes, sports sneakers, slippers, shoes for the beach, covers and cuffs and
buttons, badges, ribbons and braid, lace and embroidery, hair pins and ornaments, braces, shoe ornaments, hat ornaments, zipper and zipper fasteners, carpets. rugs and mats, toys, games and
playthings, dolls, figurines, sporting articles, namely, sports shoes, sports drinks, sports apparel, sports goggles, sports equipment (toys), sport caps and hats, sports
helmets, rings for sports, rackets, ski equipment, weights, hiking gear, bicycles, cycling equipment, snowboarding, surfs, sails, wind surfs, balls, swimming equipment, diving equipment, equipment
for martial arts, cricket equipment, riding equipment and golf equipment, decorations for Christmas trees, food and beverages, confectionery, floral products, matches, cigars, cigarettes and smokers'
articles; advertising services; marketing
services; organization of exhibitions for commercial or advertising purposes;
publication of publicity texts; sales promotion (for others); advertising agencies; business management of performing artists; Goods import-export agencies; compilation and systemization of information into computer databases; direct mail advertising services; business
management of hotels for others; marketing services; outdoor
advertising; personnel recruitment services and employment agencies; publicity agencies; radio advertising; television advertising; on-line advertising on a computer network; procurement services for others, namely, purchasing {specify goods or services, e.g., weapons, office furniture}; rental of advertising time
on communication media; Rental of office machinery and equipment;
rental of vending machines; Production of television commercials;
rental of advertising space
INTERNATIONAL CLASS 038:
Telecommunications services, namely, {specify services offered, e.g., local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, and satellite transmissions}; cable television broadcasting; cellular telephone communication; communications by fiber optic networks; communications by telegrams; communications by telephone; computer aided transmission of messages and images; electronic mail; facsimile transmission; radio broadcasting; sending of telegrams; telegraph services; telephone communication services; television broadcasting; wire services, namely, electronic transmission of messages and data; paging services; providing telecommunications connections to a global computer network; providing user access to a global computer network; telecommunications routing and junction services; electronic bulletin board services; teleconferencing services; music broadcasting over the internet and digital media including through smartphones and tablets; terrestrial, cable or satellite broadcasting of radio, television, teletext or of data; computer aided transmission of messages, data and images; services relating to communications by computer terminals; news agency services for electronic transmission; information and advisory services in the field of telecommunications; broadcasting, transmission and dissemination of programs, films, images, music, games, excerpts and text via all forms of technology to television sets, personal computers and recorders, wireless receptors, telephones and mobile phones, public screens and any other device or facility capable of receiving such content; communication by consumer video game apparatus; providing information on communication by consumer video game apparatus; communication by arcade video game machines; providing information on communication by arcade video game machines; communication by handheld game apparatus; providing information on communication by handheld game apparatus; message sending
International Class 041:
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 television shows and interactive television 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 non-downloadable musical performances, musical videos, related film clips, photographs and other multimedia entertainment materials featuring animated cartoon characters via a web site; entertainment services, namely, providing information in the field of music, video games, and animated cartoon characters a web site; 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. arranging or organizing of online multiplayer video game tournaments; production and provision of entertainment and news via communication and computer networks, namely, production and distribution of entertainment and news television programs for other, multimedia production services; 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 non-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 game services from a mobile phone network; 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
INTERNATIONAL CLASS 042:
Computer graphics design services, namely, creation of computer generated cartoon animated images; consulting
services in the field of {indicate field, e.g., design, selection, implementation and use of}
computer hardware and software systems for
others consulting services; computer programming; computer software consulting; computer systems analysis;
conversion of data from physical to electronic media; Design and development of on-line computer software
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; providing computer software that may
be downloaded from a global computer network; configuring, maintenance and servicing of computer software; updating and maintenance of computer software, including touch and voice driven computer
software for electronic digital mobile devices
RESPONSE TO OFFICE ACTION
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.
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those 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. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Justin Severson/
Examining Attorney
Law Office 111
571-272-6893
justin.severson@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.