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: 12/27/2011

 

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 the Office Records

 

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).

 

Email or Telephone Response Recommended

 

Applicant is encouraged to email or telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

 

Identification of Goods and Services Amendment Required

 

The identification of goods and services is indefinite and must be clarified.  See TMEP §1402.01.  Applicant must specify the common commercial or generic name for the goods and/or services.  If the goods and/or services have no common commercial or generic name, applicant must describe the nature of the goods and/or services as well as their main purpose, channels of trade, and the intended consumer(s).

 

Applicant may adopt the following identification, if accurate:

 

Class 9:  Computer and video game programs and software; computer and video game programs and software downloadable from a global computer network; downloadable digital materials namely, ring tones, wallpapers, screensavers, digital music files, graphics, video material, motion picture film, multimedia files, animated films, action films and videos, all in the field of computer and video games and all delivered via a global computer network and wireless devices; downloadable ring tones, wallpapers, screensavers, digital music files, and graphics for mobile phones; downloadable prerecorded video material, motion picture films, multimedia files, animated films, computer and video games, ring tones, wallpapers, screensavers, digital music files, graphics, video material, motion picture films, and action featuring video and computer games for use on mobile phones.

 

Class 16:  Printed materials, namely, manuals, pamphlets, booklets, books, magazines, posters and guides, all in the field of computer and video games. 

 

Class 25:  Acceptable as submitted.

 

Class 41:  Entertainment services, namely, providing online computer and video games, providing a website featuring non-downloadable computer and video games; providing a website featuring non-downloadable videos featuring news, information, tips and hints about computer interface devices, online computer and video game contests, music, motion picture films, television programs, video animation, multimedia materials, computer games and computer enhancements for computer games; providing a website featuring non-downloadable audio-visual content in the nature of music, motion picture films, television programs, and video animation in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games; providing information relating to animated motion picture films featuring entertainment, in the nature of action, adventure, drama and comedy, as well as, children’s and documentary themes.    

 

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  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 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.  See TMEP §1402.04.

 

 

 

 

/Barbara A. Gold/

Trademark Attorney

Law Office 106

571/ 272-9165

571/ 273-9106 (fax)

Barbara.Gold@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.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 12/27/2011 FOR

SERIAL NO. 85463985

 

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 12/27/2011 (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.