To: | IVC Soundsystem, Inc. (trademark@prangerlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88080256 - CAMINO - N/A |
Sent: | 12/1/2018 2:07:03 PM |
Sent As: | ECOM100@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88080256
MARK: CAMINO
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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: IVC Soundsystem, 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: 12/1/2018
The referenced application has been reviewed by the assigned trademark staff attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search Results
The trademark staff attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Summary of Issues that Applicant Must Address
Indefinite Wording in Classes 9 and 42 Only
Specific Guidance on Software
The following are examples of acceptable identifications for software in International Class 9: “downloadable mobile applications for managing bank accounts,” “desktop publishing software,” “tax preparation software.”
Applicant may adopt the below wording for these classes, if accurate:
Class 9:
Software that enables streaming of digital content for entertainment, information, and educational purposes via computer and communication networks;
Software that enables searching, reviewing, and listening to the audio, visual and multimedia works of others;
Software that enables searching, reviewing, and listening to the audio, audiovisual, visual, music, multimedia, picture, and video content of others;
Software that enables audio, audiovisual, visual, music, multimedia, picture, and video content to be searched for, browsed, recommended, liked, disliked, ranked, voted on, downloaded, streamed, requested, stored, cached, accessed, shared, listened to, viewed, played, and played back;
Software used to learn the behavior, preferences, likes, and dislikes of a user to predict, personalize, select, arrange, curate, and deliver available digital, audio, and visual programming electronically, such programming featuring news, fiction, non- fiction, audio, visual and textual works, comic and comedy- related content, recorded podcasts, announcements, radio and television programs, music, art, copies of newspapers, books, and magazines, speeches, lectures, seminars, talks and commentary on a broad spectrum of topics, as well as location- specific programming.
Class 42
Providing temporary use of online non-downloadable software for streaming digital content for entertainment, informational, and educational purposes;
Providing customized computer searching services, namely searching and retrieving the audio, visual and multimedia works of others via [specify medium];
Providing temporary use of online non-downloadable software for searching, reviewing and listening to the audio, audiovisual, visual, music, multimedia, picture, and video content of others;
Providing temporary use of online non-downloadable software that enables audio, audiovisual, visual, music, multimedia, picture, and video content to be searched for, browsed, recommended, liked, disliked, ranked, voted on, downloaded, streamed, requested, stored, cached, accessed, shared, listened to, viewed, played, and played back; and
Providing temporary use of online non-downloadable software for learning the behavior, preferences, likes and dislikes of a user to predict, personalize, select, arrange, curate, and deliver available digital, audio and visual programming electronically, such programming featuring news, fiction, non-fiction, audio, visual and textual works, comic and comedy-related content, recorded podcasts, radio and television programs, music, art, copies of newspapers, books, and magazines, speeches, lectures, seminars, talks and commentary on a broad spectrum of topics, as well as location-specific programming.
Translation
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.
/Montia Pressey/
Staff Attorney
Law Office 100
571-272-8944
montia.pressey@uspto.gov (for questions 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.