Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  April 01, 2020

 

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

 

The above-referenced application is partially abandoned because Applicant did not file a Notice of Appeal to the Trademark Trial and Appeal Board within six months from the date of issuance of the final Office action, and there is no time remaining in the six-month period.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a)-(a)(1), 2.142(a); TMEP §§715.01, 718.02(a). 

 

The final Office action dated April 5, 2019 included requirements that applied to only a portion of the application, which were maintained in a subsequent Office action denying Applicant’s Request for Reconsideration; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

 

The following portion of the identification that was the subject of the requirement will be deleted from the application: 

 

Class 35 – Retail services and wholesale store services featuring optical discs

 

Class 41 – Entertainment services, namely, an ongoing multimedia program featuring action, adventure, animation, anime, biography, classics, comedy, crime, documentary, drama, faith, family, fantasy, film-noir, games, history, horror, international, musicals, music, mystery, romance, science fiction, sports, television programs, thrillers, war, and westerns distributed via various platforms across multiple forms of transmission media

 

The application will proceed with the following identification: 

 

Class 35 – Distribution for others in the field of blank optical discs and pre-recorded optical discs featuring sound, video and data, namely, fulfilling and processing orders received from customers; order fulfillment services including receiving and putaway processing; inventory management in the nature of operating a distribution center or warehousing facility containing distribution inventory; inventory management, shipping and transportation management, namely, shipment processing and preparing shipping documents and invoices for business purposes; arranging the transportation of goods for others; providing transportation documents for others; transportation logistics management in the field of blank optical discs, and pre-recorded optical discs featuring sound, video and data; providing customer service management for others; invoicing; return management in the nature of management and processing of returned blank optical discs and pre-recorded optical discs featuring sound, video and data; business consultancy services via the internet

 

Class 38 – Streaming of audio and video material, namely, audiovisual works, motion pictures, trailers, television programming, music, and games via the internet

 

Class 39 – Transport, delivery, packaging, and storage of optical discs; packaging services, namely, packaging of optical discs and repackaging of optical discs to the order and specification of others

 

Class 41 – Audio mastering; film mastering services; record mastering; video mastering services; video and audio mastering of optical discs; production of master optical discs recorded with music and video; providing non-downloadable entertainment content in the nature of audiovisual works, namely, motion pictures, movie trailers, television programs featuring action, adventure, animation, anime, biography, classics, comedy, crime, documentaries, drama, faith, family, fantasy, film-noir, games, history, horror, international, musicals, music, mystery, romance, science fiction, sports, thrillers, war, and westerns, by means of an interactive global computer and communications networks; entertainment services, namely, providing non-downloadable prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; providing on-line videos, not downloadable, featuring audio-visual works, namely, movies, television programming featuring action, adventure, animation, anime, biography, classics, comedy, crime, documentaries, drama, faith, family, fantasy, film-noir, games, history, horror, international, musicals, music, mystery, romance, science fiction, sports, thrillers, war, and westerns; providing on-line videos featuring motion pictures, movies and television programs in the fields of action, adventure, animation, anime, biography, classics, comedy, crime, documentary, drama, faith, family, fantasy, film-noir, games, history, horror, international, musicals, music, mystery, romance, science fiction, sports, thrillers, war, and westerns, not downloadable; providing films and television programs featuring action, adventure, animation, anime, biography, classics, comedy, crime, documentary, drama, faith, family, fantasy, film-noir, games, history, horror, international, musicals, music, mystery, romance, science fiction, sports, thrillers, war, and westerns, not downloadable, via video-on-demand transmission services; providing on-line music, not downloadable; entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; digital video, audio, and multimedia publishing services; multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; providing non-downloadable electronic publications, namely, electronic magazine, newsletter and brochures in the field of entertainment; providing on-line computer games

 

Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application in part.  TMEP §§715.03(a)(ii)(D), 718.02(a), 1713.01; see 37 C.F.R. §2.146(a)(3).  However, the Director will reverse the decision only if there is clear error or an abuse of discretion.  In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); TMEP §§715.03(a)(ii)(D), 1713.01.  The petition must be filed using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee.  See 37 C.F.R. §§2.23(a), 2.146(c). 

 

/Samantha Sherman/

Examining Attorney

Law Office 123

571-270-0903

samantha.sherman@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 01, 2020 for

U.S. Trademark Application Serial No. 88053809

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Samantha Sherman

/Samantha Sherman/

Examining Attorney

Law Office 123

571-270-0903

samantha.sherman@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”