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: 9/26/2015

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue raised below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

SUMMARY OF ISSUES that applicant must address:

 

·       RECITATION OF SERVICES

·       MULTIPLE APPLICATION PROCEDURES

 

 

IDENTIFICATION OF SERVICES

 

 

The identification of services is indefinite and must be clarified because various elements in the wording are excessively broad and may include services in multiple international classes.  The examining attorney notes below in bold where additional specification/clarification is needed.  See TMEP §§1402.01, 1402.03(a). 

 

 

 

Arranging, organizing, conducting, and presenting concerts, live {specify type,. e.g., music} performances, entertainment special events in the nature of {specify type, e.g., social entertainment events}, arts and cultural events, theatrical entertainment in the nature of {live theatrical performances}, entertainment competitions in the field of {indicate field, e.g. athletics, spelling}, contests, fairs for entertainment purposes, {specify field, e.g., film, architecture, ethnic, etc.} festivals for {specify purpose, e.g., cultural or entertainment purposes, and exhibitions for {specify purpose, e.g., cultural or entertainment purposes; production and distribution of radio programs, television programs, and sound recordings via radio programs;

 

Entertainment services, namely, providing ongoing television, radio, audio in the nature of {specify type, e.g., radio programs}, video in the nature of {specify type, e.g., television programs}, podcast, and webcast programs in the field of {indicate specific field, e.g., news, comedy, variety};

 

providing {specify nature, e.g., television, radio, etc.} programming featuring entertainment, sports, music, informational, and news by means of telecommunications networks;

 

entertainment services, namely, providing streaming, subscription, and downloadable music platform and services {this wording is overly broad and includes services in multiple classes}; provision of live entertainment and recorded entertainment, namely, musical performances;

 

providing non-downloadable {specify type, e.g., television, radio, etc.} programming featuring entertainment, sports, music, informational, and news;

 

providing websites featuring entertainment {specify subject matter, e.g., information}, sports {specify subject matter, e.g., information about youth sports, training, etc.}, music {specify subject matter, e.g., information}, {specify subject matter, e.g., entertainment, hunting, music, entertainment, etc.} information, news {the wording is overly broad and can include news about matter in multiple classes.  Applicant must specify type in Class 041, e.g., in the field of music, movies, sports, etc.}, and arts {specify subject matter, e.g., information} and culture {specify subject matter, e.g., information};

 

providing websites and computer applications featuring information in the field of entertainment, music, sports, news {specify subject matter, e.g., entertainment, hunting, music, entertainment, etc.} information, news {the wording is overly broad and can include news about matter in multiple classes.  Applicant must specify type in Class 041, e.g., in the field of music, movies, sports, etc.}, and arts and culture;

 

Entertainment services, namely, providing information, schedules in the nature of {specify type by common commercial name in Class 041}, reviews and personalized recommendations of entertainment in the nature of {indicate entertainment subject matter of reviews, e.g., movies, books, music, computer games}, arts and cultural events, concerts, live {specify type, e.g., musical} performances, {specify type, e.g., sports} competitions, entertainment fairs, {specify field, e.g., film, architecture, ethnic, etc.} festivals for {specify purpose, e.g., entertainment, cultural, etc.}, and exhibitions for {specify purpose, e.g., entertainment, cultural, etc.};

 

ticket reservation and booking services for entertainment, arts and cultural events, concerts, live {specify type, e.g., musical} performances, {specify type, e.g., sports} competitions, entertainment fairs, {specify field, e.g., film, architecture, ethnic, etc.} festivals for {specify purpose, e.g., entertainment, cultural, etc.}, and exhibitions for {specify purpose, e.g., entertainment, cultural, etc.};

 

Entertainment services, namely, providing of reviews, {specify nature, e.g., entertainment, recommendation, etc.} surveys, and ratings, and providing interactive websites for entertainment purposes for the posting and sharing of reviews, {specify nature, e.g., entertainment, recommendation, etc.} survey, and ratings of users all relating to entertainment, art, and cultural events, concerts, live {specify type, e.g., musical} performances, {specify type, e.g., sports} competitions, entertainment fairs, {specify field, e.g., film, architecture, ethnic, etc.} festivals for {specify purpose, e.g., entertainment, cultural, etc.}, and exhibitions for {specify purpose, e.g., entertainment, cultural, etc.};

 

 providing non-downloadable ringtones, pre-recorded music, video {specify type, e.g., instructional videos in the field of music, music videos, etc.} and graphics for use on mobile communications devices via a global computer network and wireless networks;

 

publication of books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications – “Other publications” is indefinite. The type of publication must be specified such as brochures;

 

providing websites and computer applications featuring books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications – The nature of these services is unclear as this wording refers to both services and goods of computer applications/software in class 9.  May amend to the following in class 42:  Providing temporary use of a web-based software application for _____________________ (specify the function and subject matter which must feature books, periodicals, newspapers, newsletters, manuals, blogs, journals, and other publications);

 

news reporting – Specify field such as news reporting in the field of financial news or if accurate, may amend to “news reporters services”

 

If accurate, applicant may adopt any of the following, which are within the scope of the original wording in the recitation, reclassifying and adding classes, as noted:

 

 

 

Class 009: Providing downloadable computer software platforms for streaming music

 

 

 

Class 035:  Arranging, organizing and conducting business competitions, trade fairs, and exhibitions for commercial or business purposes

 

 

Class 038:  Presentation services, namely, broadcasting of radio programs, television programs, and sound recordings; Streaming of audio material on the internet, featuring music; Providing subscription radio program broadcasting featuring music

 

Class 039:  Distribution services, namely, delivery of CDs containing sound recordings

 

Class 042:  Providing computer applications software for ____________{specify the function of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use} featuring entertainment, sports, music, informational, news, and arts and culture programming; Providing computer applications software for the posting and sharing of reviews, survey, and ratings relating to entertainment, arts and cultural events, concerts, live performances, competitions, fairs, festivals, and exhibitions; providing a website featuring technology that enables users the ability to upload, store, share, view, and post images, audio, videos, online journals, blogs, podcasts, and multimedia content

 

 

For further 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 services, but not to add to or broaden the scope of the services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.

 

 

MULTIPLE – CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(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). 

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 1(b) 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.

 

The filing fees for adding classes to an application are as follows:

 

(1)  A $325 fee per class, when the fees are submitted with an electronic response filed online at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp, via the Trademark Electronic Application System (TEAS).

 

(2)  A $375 fee per class, when the fees are submitted with a paper response.

 

37 C.F.R. §2.6(a)(1)(i)-(ii); TMEP §§810, 1403.02(c).

 

 

RESPONSE GUIDELINES

 

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. §§2.62(c), 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.

 

Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment.  Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

 

/Nora Buchanan Will/

Examining Attorney

Law Office 116

phone 571-272-9135

fax 571-273-9135

Informal email only:

nora.will@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 9/26/2015 FOR U.S. APPLICATION SERIAL NO. 86663157

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please 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 9/26/2015 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.