To: | Threshold Entertainment, Inc. (rebecca@thresholdentertainment.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88021506 - JOURNEY TO THE WEST - N/A |
Sent: | 5/13/2019 9:19:26 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88021506
MARK: JOURNEY TO THE WEST
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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: Threshold Entertainment, Inc.
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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: 5/13/2019
This Office action is in response to applicant’s communication filed on May 10, 2019.
The Section 2(d) refusal is withdrawn based on the deletion of International Class 25. Applicant’s proposed amended identification of services is not acceptable as set forth below:
Proposed Amended Identification of Services Not Acceptable
The application originally identified the services as follows: “Entertainment services in the nature of creation, development, and production of television programming; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content; Entertainment services in the nature of ongoing television programs in the field of children's entertainment; Entertainment services in the nature of production of motion pictures, television shows, multimedia entertainment content; Motion picture film production; Production and distribution of motion pictures; Production and distribution of independent motion pictures.”
The proposed amendment identifies the following services: “Entertainment in the nature of a series of animated and live action motion pictures, television movies, television series and multimedia entertainment in the nature of videos, video on demand streaming, virtual reality film, digital and film, all featuring comedy, drama and adventure.”
This proposed amendment is beyond the scope of the original identification as follows:
Original identification |
Scope issues in proposed wording |
Entertainment services in the nature of creation, development, and production of television programming |
Proposed amendment could include services other than creation, development and production; specifies content other than television programming |
Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content |
Proposed amendment could include services other than development, creation, production and post-production; specifies content other than multimedia entertainment |
Entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content |
Proposed amendment could include services other than development, creation, production, distribution and post-production |
Entertainment services in the nature of ongoing television programs in the field of children's entertainment |
Proposed amendment specifies content other than children’s television entertainment programs |
Entertainment services in the nature of production of motion pictures, television shows, multimedia entertainment content |
Proposed amendment could include services other than production |
Motion picture film production |
Proposed amendment could include services other than production |
Production and distribution of motion pictures |
Proposed amendment could include services other than production and distribution |
Production and distribution of independent motion pictures |
Proposed amendment could include services other than production and distribution; specifies content that is not limited to independent motion pictures |
A sample amended identification is set forth below, which applicant may adopt, if accurate to describe applicant’s services:
International Class 41: Entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, and multimedia entertainment videos, all featuring comedy, drama and adventure
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.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory of legal professionals, such as FindLaw®; or a local telephone directory. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
Applicant may call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
April Roach
/April Roach/
Trademark Examining Attorney
Law Office 115
(571) 272-1092
april.roach@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.