NOTE TO THE FILE
SERIAL NUMBER: 88114530
DATE: 05/07/2020
NAME: cpendleton
NOTE:
Searched:
Lexis/Nexis
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Other:Checked:
Geographic significance
Surname
Translation
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Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:Dear Ms. Pendleton,
Many thanks for your email below. Please advise whether replacing “ticket and event booking services” with “ticket event and booking services for fashion and music events, entertainment sporting, and cultural events” is acceptable. If acceptable, we agree to this amendment.
We confirm “providing non-downloadable access to sweepstakes competitions” can be replaced with “sweepstake services”.
We look forward to hearing from you.
Sincerely,
Kathleen
Kathleen Fennessy
Barnes & Thornburg LLP
11 South Meridian Street, Indianapolis, IN 46204-3535
Direct: (317) 231-7706 | Fax: (317) 231-7433
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From: Pendleton, Carolyn <Carolyn.Pendleton@USPTO.GOV>
Sent: Thursday, May 7, 2020 11:51 AM
To: Wong, David <dwong@btlaw.com>
Cc: Docket - TMIN <TMINDocket@btlaw.com>; Brinson, Chris <Chris.Brinson@btlaw.com>; Fennessy, Kathleen <Kathleen.Fennessy@btlaw.com>
Subject: [EXTERNAL]Trademark application no. 88114530 - JDXs
Good afternoon Mr. Wong:
I reviewed you response to Office action dated April 28, 2020, and the amended identification in Class 38 is acceptable. However, there are a couple of minor items that need to be fixed in Class 41 before I can approve the mark for publication. It would be much more efficient to handle this by examiner’s amendment if possible.
The identification in Class 41 reads as follows:
Entertainment, namely, conducting and organizing contests, sweepstakes, social entertainment events, fashion and music events, and events for cultural purposes; entertainment services provided via a website namely, conducting and organizing contests, sweepstakes, social entertainment events, fashion and music events, social entertainment events, and events for cultural proposes; organisation of competitions in the fields of fashion, music, entertainment news; arranging and conducting sweepstakes competitions; arranging and conducting courses, conferences, exhibitions, events and seminars for cultural, fashion, entertainment and sporting purposes; organising, conducting, production of shows, events, displays, and parties for cultural, fashion, entertainment and sporting purposes; organisation of events for cultural, entertainment and sporting purposes; organisation of sporting competitions and sports events; ticket and event booking services; concert ticket reservation services; production and distribution of radio programmes and radio programming; interactive information relating to education, entertainment, sporting and cultural activities provided on-line from computer databases or the Internet; provision of information relating to the organization of educational, entertainment, sporting and cultural exhibitions via communication and computer networks; Digital video, audio, and multimedia publishing services; publication of printed matter namely, periodical publications and printed publications, namely, books and magazines in the fields of fashion, music, entertainment news; publication of material which can be accessed from databases or from the Internet, namely, articles and magazines in the fields of fashion, music, entertainment news; providing non-downloadable access to sweepstakes competitions; information, advice and consultancy in relation to the foregoing
The highlighted wording must be clarified:
· The ticket event and booking services must be “for entertainment sporting and cultural events” for Class 41 classification; and
· The services “providing non-downloadable access to sweepstakes competitions” is unacceptable as worded because “non-downloadable access” suggests telecommunications access services in Class 38 or non-downloadable software in Class 42. Applicant may amend this wording to “sweepstakes services” or “sweepstakes competitions provided over a global computer network”.
Please let me know how you wish to proceed, and I will take care of the amendments.
Best regards,
Carolyn
Carolyn A. Pendleton
Trademark Examining Attorney
Law Office 103
Phone: 571-272-9207
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