To: | Ludorum Plc (tmdocketing@cozen.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87369090 - 293933.000 |
Sent: | 12/18/2017 4:15:23 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. 87369090
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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: Ludorum Plc
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 12/18/2017
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on December 6, 2017. The amended identification in classes 9, 16, and 28 are accepted. However, the class 41 services retain problematic language as set out below. This issue is continued and made FINAL.
IDENTIFICATION OF SERVICES
“Educational services, namely, arranging and conducting workshops for children on the subject of trains and railways; entertainment services, namely,
entertainment in the nature of ongoing television, radio, film and animated film programs in the field of children's entertainment featuring fictional train characters; entertainment services,
namely, live theatrical events in the field of children's entertainment featuring fictional train characters; amusement park and theme park services; organizing community sporting and cultural
events; production, preparation, presentation, distribution, and rental of television and radio programmes and films, animated films, videos, DVDs, computer games and sound and/or visual recordings;
production of live entertainment in the nature of plays, concerts, musicals, amusement park shows and shows in the field of children's entertainment featuring fictional train characters; electronic
games provided by the internet; PROVIDING TEMPORARY USE OF NON-DOWNLOADABLE music, games videos via the internet; ENTERTAINMENT SERVICES, NAMELY PROVIDING ONLINE games from a computer database, from
the Internet or any other communications network including wireless, cable or satellite; provision of non-downloadable music from the Internet; providing aN ONLINE computer game that may be accessed network wide by network users; entertainment services featuring fictional characters, namely, entertainment in the nature of television, radio
and film programs featuring performances by fictional train characters; music publishing services; providing of on-line non-downloadable electronic publications in the nature of electronic books and
videos in the field of children's entertainment featuring fictional train characters; electronic game services provided from a computer database, the Internet or any other communications network
including wireless, cable, satellite (repeated and fixed by the examiner); advisory and consultancy services related to the aforementioned services” in International Class 41
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. See TMEP §1402.04.
Applicant must respond within six months of the date of issuance of this final Office action or the services to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment. 37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).
The application will then proceed for the remaining goods and services.
Applicant may respond by providing one or both of the following:
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
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 $125 per 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 or e-mail without incurring this additional fee.
/lindamickleburgh/
Linda Mickleburgh
Examining Attorney
Law Office 106
linda.mickleburgh@uspto.gov
571-272-9198
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.