To: | MATTEL, INC. (USPTO@MATTEL.COM) |
Subject: | U.S. Trademark Application Serial No. 88202828 - PULSAR - N/A |
Sent: | July 19, 2019 05:28:48 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88202828
Mark: PULSAR
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Correspondence Address: |
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Applicant: MATTEL, INC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: July 19, 2019
After careful review of applicant’s Response dated July 18, 2019, the following requirement(s) is/are maintained and now made FINAL: identification of goods/services. See 37 C.F.R. §2.63(b). Applicant must respond within 6 months of the date of this Office action to avoid abandonment.
Identification of Goods/Services
The identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
The wording “streaming” in Class 041 is indefinite because streaming services are generally classified in Class 038. For example, video streaming via the internet featuring movies are in Class 038. Additionally,
Applicant may adopt the following wording, if accurate:
Class 041 ENTERTAINMENT SERVICES, NAMELY, provision of continuing MOVIES, ongoing TELEVISION PROGRAMS AND ongoing WEBISODES, ALL FEATURING COMEDY, DRAMA AND CHILDREN'S ENTERTAINMENT, DELIVERED VIA TELEVISION and THE INTERNET; PROVIDING ONLINE COMPUTER GAMES AND PROVIDING AN INTERACTIVE WEBSITE FOR ENTERTAINMENT PURPOSES FEATURING INFORMATION, PHOTOS AND VIDEOS ALL RELATING TO CHILDREN'S ENTERTAINMENT
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Failure to Respond
If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:
Class 041 ENTERTAINMENT SERVICES, NAMELY, provision of continuing MOVIES, ongoing TELEVISION PROGRAMS AND ongoing WEBISODES, ALL FEATURING COMEDY, DRAMA AND CHILDREN'S ENTERTAINMENT, DELIVERED VIA TELEVISION and THE INTERNET
The application will then proceed with the following goods and/or services only:
Class 041 PROVIDING ONLINE COMPUTER GAMES AND PROVIDING AN INTERACTIVE WEBSITE FOR ENTERTAINMENT PURPOSES FEATURING INFORMATION, PHOTOS AND VIDEOS ALL RELATING TO CHILDREN'S ENTERTAINMENT
37 C.F.R. §2.65(a).
Response Options
If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Jun, Wendy/
Trademark Examining Attorney
Law Office 103
United States Patent and Trademark Office
571-272-8810
wendy.jun@uspto.gov
RESPONSE GUIDANCE