To: | Entertainment in Flight LLC (entertainment.in.flight.llc@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86764566 - AIRPODS - N/A |
Sent: | 1/13/2016 1:57:07 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86764566
MARK: AIRPODS
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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: Entertainment in Flight LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE 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.
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).
REQUIREMENT FOR ACCEPTABLE IDENTIFICATION/CLASSIFICATION OF GOODS
Some of the wording in the recitation of goods must be clarified because it is indefinite and/or too broad. See TMEP §1402.01.
The wording “Audio components and accessories” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Audio components and accessories, namely, {specify the nature of the components and accessories by common commercial name, e.g., “audio electronic components, namely, surround sound systems”, “audio headphones”, etc.}.
The wording “remote control apparatus” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Remote control apparatus, namely, remote controls for {indicate specific devices, e.g. radios, televisions, stereos, etc. but not gaming apparatuses}.
The wording “voice recording and recognition apparatus” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Digital voice recorders with speech recognition software.
The wording “radios, radio transmitters, and receivers” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Radios, radio transmitters, and radio receivers.
The wording “handheld digital electronic devices and software related thereto” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Handheld digital electronic devices, namely, {indicate specific device, e.g., cell phones, MP3 players, personal digital assistants, etc.}, and software for {specify use, e.g., “recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files”}.
The wording “electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking stations, interfaces, and adapters for use with all of the aforesaid goods” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9: Electrical and electronic connectors, data processing equipment in the nature of couplers, electric wires, electrical and electronic cables, battery chargers, docks being power supplies, electronic docking stations, interfaces for {specify use, e.g., “computers”, “detectors”, “electronic display”, etc.}., and electrical adapters for use with all of the aforesaid goods.
General Suggestion for Identification and Classification of Goods
Class 9: Audio components and accessories, namely, {specify the nature of the components and accessories by common commercial name, e.g., “audio electronic components, namely, surround sound systems”, “audio headphones”, etc.}; sound recording and reproducing apparatus; digital video recorders and players; Remote control apparatus, namely, remote controls for {indicate specific devices, e.g. radios, televisions, stereos, etc. but not gaming apparatuses}; audio speakers; earphones, headphones; microphones; Digital voice recorders with speech recognition software; Radios, radio transmitters, and radio receivers; Handheld digital electronic devices, namely, {indicate specific device, e.g., cell phones, MP3 players, personal digital assistants, etc.}, and software for {specify use, e.g., “recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files”}; wireless communication devices for voice, data or image transmission; Electrical and electronic connectors, data processing equipment in the nature of couplers, electric wires, electrical and electronic cables, battery chargers, docks being power supplies, electronic docking stations, interfaces for {specify use, e.g., “computers”, “detectors”, “electronic display”, etc.}., and electrical adapters for use with all of the aforesaid goods
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.
REQUIREMENT FOR SIGNED DECLARATION AND VERIFICATION
To respond to this requirement online using the Trademark Electronic Application System (TEAS) response form, answer “yes” to the TEAS response form wizard question relating to submitting a “signed declaration,” and follow the instructions within the form for signing.
To respond to this requirement on paper, via regular mail, applicant may provide the following statements and declaration at the end of the response, personally signed by a person authorized under 37 C.F.R. §2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediately below the signature. See 37 C.F.R. §§2.20, 2.33(a)-(b), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.193(a), (d); TMEP §§611.01(b), 804.01(b). The signatory’s particular title or position should also be specified. See TMEP §804.04.
STATEMENTS: The signatory believes that: if the application is being filed under 15 U.S.C. §1051(a), the applicant is the owner of the mark; the mark is in use in commerce and has been in use in commerce as of the application filing date; the original specimen(s), if applicable, shows the mark as used on or in connection with the goods or services as of the application filing and/or, if the application is being filed under 15 U.S.C. §1051(b), §1126(d), and/or §1126(e), the applicant is entitled to use the trademark and/or service mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; and to the best of the signatory’s knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when applied to the goods and/or services of such other person, to cause confusion or mistake, or to deceive.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
RESPONSE GUIDELINES
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.
/Jeanie H. Lee/
Examining Attorney
Law Office 105
(571) 272-6110
jeanie.lee@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.