To: | BEATPORT LLC (sarah@adelmanmatz.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88196961 - BEATSOURCE - N/A |
Sent: | 2/24/2019 4:43:33 PM |
Sent As: | ECOM128@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88196961
MARK: BEATSOURCE
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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: BEATPORT LLC
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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: 2/24/2019
The referenced application has been reviewed by the assigned trademark examining 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 of Office’s Database of Marks
The trademark examining 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).
Identification of Goods and Services Requirement – Limited to Specific Services
This partial requirement applies only to the services specified therein.
Applicant may substitute the following wording, if accurate (suggested changes in bold):
Class 009: Computer software, namely, an application for music retail sales that allows users to browse and purchase music through third party platforms and hardware; Computer software for use in connection with an online music subscription service; Computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files; Computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio; Computer software for creating searchable databases of information; Computer software for accessing, browsing and searching online databases; Downloadable music recordings, digital stems and loops for purchase
Class 035: Online retail store services, retail store services, mail order services and distributorship services, all featuring prerecorded digital music, MP3 portables, advanced digital- and computer-based DJ systems; providing internet portals featuring links to purchasable loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections; On-line retail store services featuring downloadable pre-recorded music; Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists
Class 038: Streaming of audio and video music material on the Internet Broadcast and transmission of music and audio by means of telecommunications networks; Broadcast and transmission of streamed music, audio by means of telecommunications networks; Transfer of music and audio to users by means of telecommunications networks
Class 041: Entertainment services, namely, providing an Internet website portal in the field of music featuring non-downloadable music recordings and digital music stems and loops; Entertainment services, namely, providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network
Class 042: Computer services, namely, providing on-line non-downloadable computer software for use in identifying, locating, grouping, distributing and managing pre-recorded music, artists and label data; Providing online non-downloadable software for use in connection with an online music subscription service; Providing online non-downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; Providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, and multimedia content
Response guidelines. 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.
If applicant does not timely respond to this Office action, the following services will be deleted from the application: “Online retail store services, retail store services, mail order services and distributorship services, all featuring prerecorded digital music, MP3 portables, advanced digital- and computer-based DJ systems and internet portals in the nature of purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections”. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following goods and services only:
Class 009: Computer software, namely, an application for music retail sales that allows users to browse and purchase music through third party platforms and hardware; Computer software for use in connection with an online music subscription service; Computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files; Computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio; Computer software for creating searchable databases of information; Computer software for accessing, browsing and searching online databases; Downloadable music recordings, digital stems and loops for purchase
Class 035: On-line retail store services featuring downloadable pre-recorded music; Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists
Class 038: Streaming of audio and video music material on the Internet Broadcast and transmission of music and audio by means of telecommunications networks; Broadcast and transmission of streamed music, audio by means of telecommunications networks; Transfer of music and audio to users by means of telecommunications networks
Class 041: Entertainment services, namely, providing an Internet website portal in the field of music featuring non-downloadable music recordings and digital music stems and loops; Entertainment services, namely, providing streamed and downloadable audio and video content to users through a subscription service provided online via a communication network
Class 042: Computer services, namely, providing on-line non-downloadable computer software for use in identifying, locating, grouping, distributing and managing pre-recorded music, artists and label data; Providing online non-downloadable software for use in connection with an online music subscription service; Providing online non-downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; Providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, and multimedia content
See TMEP §718.02(a).
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.
/Kevin A. Mittler/
Kevin A. Mittler
Training Unit Administrator
United States Patent and Trademark Office
571-272-6003
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.