Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

SUSPENSION NOTICE: NO RESPONSE NEEDED

 

ISSUE/MAILING DATE: 5/19/2019

 

 

 

The trademark examining attorney is suspending action on the application for the reason(s) stated below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

This Office action is in response to applicant’s communication filed on May 8, 2019.  The substitute specimens and the consent statement are acceptable. 

 

The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application.  If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned.  37 C.F.R. §2.83(c).  A copy of information relevant to this referenced application(s) was sent previously.

 

            - Application Serial No(s). 87597936

 

 

 

REFUSAL(S)/REQUIREMENT(S) CONTINUED AND MAINTAINED:  The following refusal(s)/requirement(s) is/are continued and maintained:  ID ISSUES: The applicant must clarify the nature of the Mumu performance services (i.e., short shows featuring the performer MuMu providing live music and dance, etc.).  The applicant must specify the field of the public interest (see below for suggestions, if accurate).  The applicant must specify the field of the instructional classes, and how it relates to MuMu (see below) and the subject matter of the continuing programs. 

 

Class 41:  (Based on Use in Commerce) Entertainment services in the nature of creation, development, and production of television programming; (Based on Use in Commerce) Entertainment services in the nature of live musical performances; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Entertainment services in the nature of live visual and audio performances by an actor; Entertainment services in the nature of live musical performances; (Based on Intent to Use) Entertainment services in the nature of an amusement park show; Entertainment services in the nature of an ongoing reality based television program; Entertainment services in the nature of organizing social entertainment events; Entertainment services in the nature of arranging social entertainment events; Entertainment services in the nature of presenting live musical performances; Entertainment services in the nature of comedy shows; Entertainment services, namely, conducting parties; Entertainment services in the nature of hosting social entertainment events; Entertainment services, namely, dance events by a recording artist; Entertainment services in the nature of ongoing television programs in the field of children's entertainment; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; Entertainment services, namely, an on-line activity where you create your own music videos; Entertainment services, namely, multimedia production services; Entertainment services, namely, arranging and conducting special events at an amusement park; Entertainment services, namely, providing advice and information for music, video and film concept and script development; Entertainment services, namely, body painting services held at special events; Entertainment services, namely, providing information about a recording artist via an online network; Entertainment services, namely, cabarets; Entertainment services, namely, providing live entertainment by dancers via the Internet; Entertainment services, namely, cheerleading; Entertainment services, namely, providing non-downloadable playback of music via global communications networks; Entertainment services, namely, conducting parties for the purpose of dating and social introduction for adults; Entertainment services, namely, storytelling; Entertainment services, namely, displaying a series of films; Entertainment information services, namely, providing information and news releases about a musical artist; Entertainment services, namely, planning and conducting a series of film festivals; Entertainment media production services for motion pictures, television and Internet; Entertainment services, namely, producing cheerleading, dance and spirit-related competitions and events; Educational and entertainment services, namely, providing motivational and educational speakers; Entertainment services, namely, production and distribution of a game show; Educational and entertainment services, namely, providing motivational speaking services in the field of music; Entertainment services, namely, production of computer-generated imagery for use in motion pictures; Media production location scouting services for entertainment purposes (Based on Intent to Use) Entertainment services in the nature of an amusement park show; Entertainment services, namely, providing an ongoing radio program in the field of music; Entertainment services, namely, providing video podcasts in the field of music; Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; Entertainment services, namely, the presentation of live Christmas musical productions; Entertainment and education services in the nature of a series of short shows featuring MuMu providing live singing and dancing, distributed to mobile handsets, which may include video, text, photos, illustrations or hypertext; Entertainment and educational services in the nature of on-line competitions in the field of entertainment, education, culture, sports, and other non-business and non-commercial fields; Entertainment and educational services, namely, providing a website that displays various requests, reviews, recommendations, rankings, trackings, votes, and information relating to uncreated, unreleased, new, special, popular, and rare products, services, and events in the fields of pop culture, entertainment, education, and sports, all exclusively for non-business and non-commercial transactions and purposes; Entertainment and educational services, namely, the presentation of seminars, lectures, workshops and panel discussions, and ongoing television and radio talk shows all in the field of public interest concerning _______[specify field, i.e., public housing, healthcare, etc., and clarify how this relates to “MuMu”]; Entertainment and educational services, namely, the presentation of seminars, workshops and panel discussions, and ongoing television and radio shows all in the field of music; Adult entertainment services, namely, gentlemen's clubs featuring exotic dancing; Education and entertainment services, namely, production and distribution of ongoing television programs in the field of family management and relationships; Educational and entertainment services for children, namely, providing interactive play areas and instructional classes in the field of _______ [specify field, i.e., voice singing lessons, dance, karate, etc. and explain who is/and how this relates to “MuMu”] and providing social gatherings for children; Educational and entertainment services, namely, a continuing program about ______ [specify subject matter of the program, i.e., about current entertainment news and events hosted by the entertainment performer MuMu, etc.] accessible by means of radio, television, satellite, audio, video and computer networks; Educational and entertainment services, namely, a continuing program about _______ [specify subject matter of the program, i.e., about current entertainment news and events hosted by the entertainment performer MuMu, etc.]  accessible by radio, television, satellite, audio, video and computer networks; Educational and entertainment services, namely, conducting programs featuring recreational activities, literacy training, art events, and sporting events for children in foster care; Educational and entertainment services, namely, programs about plastic surgery services combining traditional western medicine practices with holistic therapies, accessible by radio, television, satellite, audio, video and computer networks; Provision of information relating to multimedia entertainment software production services

 

 

The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based.  TMEP §§716.04, 716.05.  Applicant will be notified when suspension is no longer appropriate.  See TMEP §716.04.

 

No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.

 

 

 

/Laurie Mayes/

Trademark Examining Attorney

Law Office 101

(571) 272-5874; FAX (571) 273-9101

laurie.mayes@uspto.gov (NOT for responses)

 

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 Trademark Electronic Application System (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 5/19/2019 FOR U.S. APPLICATION SERIAL NO.88113676

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.