Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  February 17, 2020

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  Based on TMEP Section 707.02, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections by telephone or e-mail.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

The identification of goods is amended to read as follows: 

 

“Sound recorded magnetic cards, sheets and tapes; compact discs featuring music; downloadable music files; phonograph records featuring music; prerecorded video discs featuring music and recorded video tapes featuring music; electronic sheet music, downloadable; downloadable electronic publications in the nature of books, magazines and brochures in the field of music; downloadable computer video game programs; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; downloadable computer software for music-composition using artificial intelligence; music-composition software, prerecorded or downloadable; prerecorded or downloadable computer software for processing digital music files; recorded computer programs for data processing; prerecorded or downloadable computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; prerecorded or downloadable computer operating programs recorded; computer operating programs, recorded; computer software, recorded for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; prerecorded or downloadable computer software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sound; telecommunication machines and apparatus, namely, digital music players”  in International Class 9. See TMEP §§1402.01, 1402.01(e).

 

The identification of services is amended to read as follows: 

 

“Development and creation of computer programs with artificial intelligence for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; Development and creation of computer programs with artificial intelligence for use in music recording; development and creation of computer programs for music composition; development and creation of computer software for processing digital music files; development and creation of computer programs for data processing; development and creation of computer programs for creating and editing music and sounds; computer software design, computer programming, or maintenance of computer software; providing non-downloadable computer programs with artificial intelligence for use for in viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; providing non-downloadable computer programs with artificial intelligence for use for in music recording; development and creation of computer programs for music composition; providing non-downloadable computer programs for music composition; providing non-downloadable computer programs for processing digital music files; providing non-downloadable computer programs for data processing; providing non-downloadable computer programs for creating and editing music and sounds; providing temporary use of non-downloadable computer programs on data networks for viewing, organizing, editing, and uploading music, photos, videos and for management; software as a service (SAAS) services featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; cloud computing featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds”  in International Class 42. See TMEP §§1402.01, 1402.01(e).

 

Note;

Omission inserted for accuracy and proper classification.

Amendment in class 42 has been based on Applicant’s companion Application Nos. 87141256; and 87861504.

Applicant’s amendments in other classes are acceptable.

 

On 01-01-2019, this 10-22-2009 entry was deleted in compliance with Nice 11-2019. Under Nice 11-2019, computer software must be specified as “downloadable” and/or “recorded” to clarify the nature of the goods. This wording is no longer acceptable. This entry has been replaced by two entries for downloadable and recorded formats of these goods, respectively, in Class 9. 

 

RESPONSE GUIDELINES

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

/Zachary  Bello/

Attorney Advisor

Law Office 111

USPTO

571-272-9376

zack.bello@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 17, 2020 for

U.S. Trademark Application Serial No. 88281273

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Bello, Zack

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”