Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/20/2019

 

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Syed Abedi, Esq., Attorney of Record, via electronic mail on June 20, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

Identification of Goods and Services Amended

 

The identification of goods and services is amended to read as follows: 

 

Class 09: scientific, nautical, surveying, photographic, cinematographic, optical, measuring, signaling, checking, and teaching apparatus and instruments, namely multi-view electronic display boards; apparatus for recording, transmission or reproduction of sound or images; blank recording discs; blank magnetic data carriers; cash registers; calculating machines; fire extinguishing apparatus; data processing apparatus; electronic displays, namely, digital signage; electric and electronic display panels for displaying multiple views; electric warning lights; illuminated exit signs; illuminated evacuation signs; electronic script prompters and cues for use in conjunction with multi-view displays; customized content distribution and delivery systems, namely, multi-view electronic display boards; customized content distribution and delivery systems, namely, computer software and computer hardware for operating of electronic and static display; electric sensors; computer software and hardware for analyzing data from electric sensors and their attendant servers and memory media; electronic systems, namely, computer software and hardware for the input, output, storage, retrieval, communication and display of data and information; electronic systems comprising software and hardware for wayfinding; carrying cases specifically adapted for carrying electronic multi-view display boards and ancillary related components including lights; supporting devices for multi-view electronic display systems, namely, electronic control wands and wearables in the nature of smart watches, smart eyeglasses, activity trackers, video display monitors, computer peripherals in the nature of wireless mice that are adapted to engage with multi-view displays; electric warning light systems; emergency warning lighting; emergency evacuation lighting; navigational safety-warning lights, namely, lights that are specifically adapted to engage with electronic multi-view displays

 

Class 11: Airport runway and transportation directional lights; carrying cases specifically adapted for electric lights; lighting installations; lighting installations for use in the field of architectural lighting; decorative lighting in the nature of light bulbs, electric lanterns, lamps, LED lighting fixtures, floodlights, spotlights, chandeliers, wall lights, lanterns, LED light strips, figurines being electrically-luminated; entertainment lighting, namely, stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; light stands for theatrical stage lighting, live music and musical stage lighting, live show stage lighting, film stage lighting; lighting apparatus for sports arenas and theme parks; exit lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; guidance lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; navigational lighting, namely, lamps, light emitting diodes (LEDs), electric luminaires, LED luminaires, luminaire reflectors, luminaire diffusers, luminaire refractors, luminaire diffractors; theatrical lighting, namely, theatrical stage lighting apparatus; thematic lighting, namely stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes, namely, lighting installations, heating installation, steam generating installations, electromagnetic induction cooker, microwave ovens, refrigerator, freezing device, namely, freezers, dryer for industrial use, namely, dryer for drying paint, dryer for drying coatings, convection dryers being dehumidifiers, air dryer for drying clothes, air dryer for drying hands, air dryer for drying hair

 

Class 41: education services, namely, conducting classes, seminars, conferences, and workshops in a live and virtual environment in the field of sports, culture, and personal enrichment; entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content, and live visual and audio performances, namely, in the field of sports, culture, and personal enrichment; training services in the field of sports and personal enrichment; cross-cultural training; gambling services

 

Class 42: Scientific and technological services, namely, research and design in the field of computer systems; industrial analysis and research services in the field of fiber optics; design and development of computer hardware and software; data acquisition and collection in the fields of content distribution systems, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding, namely, data automation and collection service using proprietary software to evaluate, analyze and collect service data

 

See TMEP §§1402.01, 1402.01(e).

 

These amendments do not affect the identifications of services in Classes 35, 37, or 38.

 

WHAT HAPPENS NEXT

 

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.  

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

ASSISTANCE

 

If the applicant has questions regarding this examiner's amendment, please contact the undersigned attorney at the below telephone number or email address.

 

 

 

 

Kathleen Schwarz

/Kathleen Schwarz/

Examining Attorney

Law Office 123

(571) 272-2460

kathleen.schwarz@uspto.gov

 

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 Trademark Electronic Application System (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 6/20/2019 FOR U.S. APPLICATION SERIAL NO.87712233

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.