To: | The Los Angeles Lakers, Inc. (ipgroup@nba.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88224619 - LAKERS GAMING - 34847-US-NF |
Sent: | 3/14/2019 2:59:15 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88224619
MARK: LAKERS GAMING
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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: The Los Angeles Lakers, 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: 3/14/2019
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.
DISCLAIMER OF DESCRIPTIVE WORDING
In this case, applicant must disclaim the wording “GAMING” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). “GAMING” is defined as “the playing of video games.” www.merriamwebster.com. Applicant’s identification states that all of the goods are for use “in connection with “electronic games, electronic sports and virtual sports.” Because the term GAMING describes a characteristic of the goods in the application, that they are used while playing games, the term must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GAMING” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
IDENTIFICATION OF GOODS INDEFINITE
Applicant may adopt the following identification, if accurate:
Audio recordings and video recordings featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer programs for viewing information, statistics or trivia, in the field of basketball, electronic games, electronic sports and virtual sports; downloadable video recordings, downloadable recordings of video streams recordings, downloadable audio recordings, provided over the Internet and featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software, namely, software featuring screen savers, and downloadable catalogs provided over the Internet featuring an array of products, all featuring themes in the nature of basketball, electronic games, electronic sports and virtual sports; computer game software; electronic game software; video game software; computer accessories, namely, blank USB flash drives; stands adapted for computers, laptops and tablet computers; computer keyboards, mouse pads, computer mice, computer stylus, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers; battery chargers for mobile phones; USB charging ports; computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film for covering and providing a scratch proof barrier for computer devices; video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, straps for cell phones, fitted plastic films known as skins for covering and protecting cell phones, face plates and cell phone covers; electronics accessories, namely, fitted plastic films known as skins for covering and protecting electronic apparatus, namely, MP3 players, electronic tablets and personal portable digital assistant devices; covers and stands for MP3 players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards all magnetically encoded; downloadable electronic game software; downloadable video game software; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software used for accessing and displaying digital screensavers and wallpaper, on computer browsers, for use in viewing data on the Internet, and for use in creating avatars for playing electronic games, electronic sports and virtual sports over the Internet; downloadable electronic publications in the nature of magazines and newsletters in the field of basketball, electronic games, electronic sports and virtual sports, as well as downloadable coloring books and game schedules all provided over the Internet; downloadable electronic greeting cards for sending by regular mail; downloadable virtual goods, namely, computer programs featuring emojis, stickers, badges, characters, clothes and accessories for use in electronic games, electronic sports and virtual sports; mouth guards for sports; all of the foregoing in the field of basketball, electronic games, electronic sports and virtual sports. (Class 9)
An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
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.
SEARCH OF THE RECORDS
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).
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.
/Caroline E. Wood/
Examining Attorney
Law Office 110
571-272-9243
caroline.wood@uspto.gov
(responses are not accepted via e-mail)
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.