To: | Take-Two Interactive Software, Inc. (trademarks@kelleydrye.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87784380 - GTA - N/A |
Sent: | 10/11/2018 3:30:29 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87784380
MARK: GTA
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Take-Two Interactive Software, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 10/11/2018
This Suspension Notice is in response to the applicant’s Response to Office Action filed on October 2, 2018.
In the initial Office action of April 2, 2018, the Office required the applicant to submit a new mark drawing, submit a substitute specimen for Class 41, amend the identification of goods and services, and advised the applicant of prior-filed applications that may be the subject of a Section 2(d) likelihood of confusion refusal should those applications register.
The applicant responded by SATISFYING the new mark drawing requirement, amending the identification, not addressing the substitute specimen requirement, and requesting suspension of the application. As a result, the specimen- and identification-related requirements are MAINTAINED AND CONTINUED because the wording “pre-recorded digital media” must be amended to indicate the form of the digital media, e.g., “pre-recorded digital media devices”, and the applicant must indicate that its website features “non-downloadable” computer and video games.
Accordingly, the trademark examining attorney is suspending action on the application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The effective filing dates of the pending applications identified below precede the filing date of applicant’s application. If the marks in the referenced applications register, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with those registered marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced applications are either registered or abandoned. 37 C.F.R. §2.83(c). Copies of information relevant to these referenced applications were sent previously.
- Application Serial Nos. 87219978 and 87220003
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
/Kevin G. Crennan/
Trademark Examining Attorney
Law Office 113
(571) 272-7949
kevin.crennan@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.