UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 11/29/2017

 

This application has been withdrawn from publication following further Office review.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Identification of Goods and Services

 

Certain wording in the identification of goods is indefinite and must be clarified as set forth below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  The indefinite wording is set forth in italics below and suggested amending wording is set forth in bold type.  Matter that must be deleted is set forth between brackets [    ].   Applicant may adopt the following suggested identifications, if accurate: 

 

“Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; paper gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements” in Class 16.

 

“All purpose sport bags; athletic bags; backpacks; beach bags; book bags; calling card cases; change purses; coin purses; duffel bags; gym bags; handbags; knapsacks; key cases; [leather key chains]  (Delete or add Class 14 to the application.  As of January 1, 2017, all key chains are in Class 14 regardless of composition.) luggage tags; overnight bags; purses; satchels; textile, mesh, and leather shopping bags; tote bags; umbrellas; wallets” in Class 18. 

 

“Advertising services; business-to-business advertising; online banner advertising and marketing services; online retail store [shopping site] services featuring [streaming or] downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos” in Class 35. 

(Note, the wording "streaming...audio-visual content” requires clarification and possibly reclassification. Providing online non-downloadable entertainment content is in Class 41. Actual telecommunications transmission or streaming of content is a Class 38 service, e.g. Streaming of {specify format, e.g., audio, video, audiovisual, etc.} material on the Internet).    

 

“Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms [listservers] (“listservers” does not identify a common commercial name and the nature of the service is unclear.  Delete or clarify the meaning of this term) for transmission of messages and blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online forums [and listservers] (“listservers” does not identify a common commercial name and the nature of the service is unclear.  Delete or clarify the meaning of this term) for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos” in Class 38. 

 

“Education and entertainment services, namely, online services [providing audio-visual content] featuring non-downloadable videos and information in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, publication of text, graphics, photographs, images, and audio-visual works of others online for streaming or downloading, and on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, featuring news, entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading in the fields of news, entertainment, sports, comedy, drama, music, and music videos; production and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, on CDs, DVDs, interactive discs featuring music and music videos, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games” in Class 41. 

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e). 

 

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.

 

Questions

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

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.  

 

 

 

/John M. Wilke/

Examining Attorney

Law Office 104

571-272-5871

john.wilke@uspto.gov

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 11/29/2017 FOR U.S. APPLICATION SERIAL NO. 87626700

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 11/29/2017 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  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

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

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.