To: | Twentieth Century Fox Film Corporation (tm@fox.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87792254 - FOX+ - 81351779 |
Sent: | 11/8/2018 9:28:00 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87792254
MARK: FOX+
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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: Twentieth Century Fox Film Corporation
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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: 11/8/2018
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on October 23, 2018.
SUMMARY OF ISSUES IN PRIOR ACTION:
· Requirement for Acceptable Identification of Services
SUMMARY OF ISSUES MADE FINAL:
· Requirement for Acceptable Identification of Services – Specific Wording Only
37 C.F.R. §2.63(b)
FINAL REQUIREMENT FOR ACCEPTABLE IDENTIFICATION OF SERVICES
The identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Specifically, the following wording is unacceptable:
Entertainment services, namely, providing . . . live stage performances – This wording must be amended to indicate the nature of the performances, e.g., plays, concerts, ballets, etc.
organizing sporting and cultural events – This wording must be amended to identify the services with more specificity, i.e., either indicating that applicant is organizing community sporting and cultural events, or indicate the actual type of events, e.g., “featuring football,” “featuring live dance performances,” etc.
Applicant may adopt the following identification of services (noting that the wording which should be deleted is in strikethrough, while newly-added wording is in bold, and appropriate wording should be provided by applicant where a “blank space” (underline) is
indicated):
Entertainment services, namely, providing online computer games and live stage performances in the nature of ________ {indicate nature of performances, e.g., “musical concerts”}; organizing community sporting and cultural events; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programs; providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet; entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programs about action, adventure, comedy, drama, children's entertainment, business, current event news, music, and sports transmitted via the Internet and wireless communication networks
In the identification of services, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words and phrases such as “services in connection with,” “including,” “and like services,” “concepts,” or “not limited to,” such wording must be followed by “namely,” and a list of each specific service identified by its common commercial or generic name. See TMEP §1402.03(a).
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.
RESPONDING TO A PARTIAL FINAL OFFICE ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the following services to which the final requirement applies will be deleted from the application by Examiner’s Amendment: “Entertainment services, namely, providing . . . live stage performances” and “organizing sporting and cultural events.” 37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).
The application will then proceed for the following services:
Entertainment services, namely, providing online computer games; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programs; providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet; entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programs about action, adventure, comedy, drama, children's entertainment, business, current event news, music, and sports transmitted via the Internet and wireless communication networks
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).
/Susan K. Lawrence/
Trademark Examining Attorney
Law Office 116, USPTO
(571) 272-9186
sue.lawrence@uspto.gov
(informal communication only)
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.