To: | FACEPUNCH STUDIOS LTD (docket@hollandhart.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86360266 - RUST - TBD |
Sent: | 11/11/2014 9:18:23 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86360266
MARK: RUST
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: FACEPUNCH STUDIOS LTD
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
PRIORITY ACTION
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: 11/11/2014
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On November 11, 2014, the trademark examining attorney and ESTER MARTÍN MAILLARO discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
Amend the Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified. See TMEP §1402.01.
For some of the goods, applicant must provide more information.
In other identifications, applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.
For the services, further clarification is required. Please note that applicant’s presentation services may instead be broadcasting services in International Class 38.
Applicant may adopt the following identification, if accurate:
Identification tags of metal; key tags of common metal; metal ________________ (indicate specific type, e.g., sealing, gasket, key) rings; metal boxes in International Class 6.
Interactive game software; computer games software; video games programs; computer application software for __________________ (please specify the particular wireless device or devices, e.g., mobile phones, portable media players, handheld computers), namely, software for _____________________ (here, please specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.); downloadable telephone ring tones for mobile phones; downloadable computer screen saver software; downloadable computer screen wallpapers; laptop covers made of ________________ (please specify composition, e.g. Neoprene; covers for telephone receivers not made of paper; protective carrying cases specially adapted for personal digital assistants (PDA); laptop sleeves; sleeves for portable tablets; mousse; mouse pads; mouse mats; keyboards; headphones; blank USB flash drives; downloadable electronic publications in the nature of _____________________{indicate specific nature of publication} in the field of __________________{indicate subject matter of publication}; electronic publications, namely, ___________________{indicate specific type of publication, e.g., book, magazine, manual} featuring ____________________{indicate subject matter} recorded on computer media; downloadable electronic books in the field of ___________________{indicate subject matter}; electronic books featuring _______________________{indicate subject matter} recorded on computer media; sound recordings featuring _____________________{specify subject matter, e.g., music, self-improvement, mathematics instruction}; downloadable video recordings featuring __________________________{specify subject matter, e.g., music, self-improvement, mathematics instruction}; motion picture films about __________________{indicate subject matter}; downloadable films and movies featuring ____________________{indicate subject matter} provided via a video-on-demand service; animated films about __________________{indicate subject matter} in International Class 9.
Jewelry; jewelry items, namely, ___________________ (please specify these goods by their common commercial names); clocks; watches in International Class 14.
Publications, namely, ______________________{indicate form of publications, e.g., books, hand-outs, workbooks, etc.} in the fields of _______________________{indicate subject matter(s) or field(s) of publications}; books in the field of {indicate subject matter}; blank journals; journals in the field of ____________________{specify type or subject matter, e.g., medicine, law}; leaflets in the field of ____________________{specify type or subject matter}; brochures in the field of ____________________{specify type or subject matter}; posters, stationery; postcards, greetings cards; printed guides for video game playing; stickers, decals in International Class 16.
Drinks containers, namely, ___________________ (please specify these goods by their common commercial names); drinking vessels; cups; mugs; beverage glassware in International Class 21.
Articles of clothing, namely, ___________________ (please specify these goods by their common commercial names); T-shirts, vests, shorts, trousers, sweatshirts, hooded sweatshirts, bathrobes; headgear, namely, {specify type, e.g., hats, caps}; hats, caps; footwear in International Class 25.
Toys, games and playthings, ; namely, ___________________ (please specify these goods by their common commercial names); plush toys; board games; playing cards; gymnastic and sporting articles, namely, ___________________ (please specify these goods by their common commercial names); in International Class 28.
Broadcasting services and provision of telecommunication access to films and television programmes provided via a video-on-demand service in International Class 38. (New Class possibly added.)
Providing on-line computer games; arranging, organizing, conducting, and hosting social entertainment events; conducting _______________________ (specify events, e.g., award show events) events about electronic games and internet games; production of films; entertainment services, namely, displaying a series of films; distribution of films; production of television programmes; distribution of television programmes; film presentation services, namely, motion picture theaters; providing a website featuring entertainment information; Providing advice in the field of television programming and motion picture films in International Class 41.
TMEP §1402.01
An in depth knowledge of the relevant field should not be necessary for understanding a description of the goods and/or services. TMEP §1402.01. “[T]echnical, high-sounding verbiage” should be avoided. Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ at 322.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods and/or services that are classified in at least nine classes; however, applicant submitted fee sufficient for only eight classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
Responding to this Office Action
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
Official documents and responses should be filed electronically using TEAS at http://www.gov.uspto.report/trademarks/teas/index.jsp.
If needed, applicant may contact the examining attorney via email or telephone with informal questions regarding this application and/or the required response. While e-mail communication is appropriate to conduct informal communications regarding applications/registrations, e-mail communication is not appropriate for obtaining advisory request regarding the sufficiency of a response or for submitting any official documentation, such as applications for registration of marks, responses to examining attorneys’ Office actions, amendments to allege use under 15 U.S.C. §1051(c), statements of use under 15 U.S.C. §1051(d), etc. TMEP §§304.01 and 304.02. Further, pursuant to TMEP §§709.04 and 709.05, the examining attorney is required to upload all informal e-mail communications related to this applicant or this application into this application’s record.
Trademark Examining Attorney
Law Office 106
(571) 272-9150
John.Dalier@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.