Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 11/7/2017

U.S. Serial Number 87428865

The request to divide application serial no. 87428865 filed on November 2, 2017 has been processed as follows:

(1)    Parent (original) application serial no. 87428865 contains the following goods and/or services and/or class(es)>:

25 (Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, tank tops, crop tops, sweatshirts, hooded shirts, jackets, pants, sweatpants, shorts, hats, shoes, boxer shorts, boxer briefs, underwear). 

(2)  Child application serial no. 87976190 contains the following goods and/or services and/or class(es)>:

9 (Audio and video recordings, namely, digital audio and video files downloadable from the Internet, audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records, all featuring music and artistic performances; downloadable musical sound recordings and ringtones; downloadable video recordings featuring music).

41 (Record production; music production; audio recording and production; audio visual production; motion picture song production; recording studios; entertainment services, namely, production of musical audio and video programs; music composition and transcription for others; songwriting; music publishing services; entertainment in the nature of live performances by a musical artist, musical group or musical band; entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music and entertainment; fan club services; entertainment services, namely, providing prerecorded non-downloadable music, information in the field of music, commentary and articles about music, all online via a global computer network; production and distribution of television and radio programs; production and distribution of radio entertainment programs; motion picture film production and distribution; entertainment in the nature of live traveling tours by a professional entertainer, musical group or band featuring music, drama, spoken word and comedy). 

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

The examining attorney will be notified of the completed request to divide.  Please note that the filing of a request to divide an application is not considered a proper response to an examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05. 

Please call the undersigned with any questions.

/Diane T. Jones/

Diane T. Jones

Paralegal Specialist

ITU/Divisional Unit

Phone number 571-272-9504

Fax number 571-273-9504

diane.jones@uspto.gov

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, 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.

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.  

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.