To: | Sony Corporation (bhipdocket@bakerlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88281273 - FLOW MACHINES - 41279.3183 |
Sent: | 3/1/2019 9:31:29 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88281273
MARK: FLOW MACHINES
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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: Sony Corporation
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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: 3/1/2019
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.
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).
INFORMALITY
Applicant must also respond to the requirement(s) set forth below.
IDENTIFICATION OF SERVICES
Applicant may substitute the following wording, if accurate:
“Sound recorded magnetic cards, sheets and tapes; compact discs featuring [indicate subject matter, e.g., music, etc.]; downloadable music files; phonograph records; recorded video discs and video tapes [indicate subject matter, e.g., music, etc.]; electronic sheet music, downloadable; Downloadable electronic publications in the nature of [indicate specific nature of publication and subject matter, e.g., e-magazines in the field of music, etc.]; computer video game programs; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; computer software with artificial intelligence for use in [specify function of software, e.g., for recording, for management, etc.]; Music-composition software; computer software for processing digital music files; computer programs for data processing; computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; computer operating programs recorded; computer software, recorded for use in [specify function of software, e.g., for recording, for management, etc.]; computer software for use in [specify function of software, e.g., for recording, for management, etc.]; telecommunication machines and apparatus, namely, [specify types, e.g., cell phones, radio, etc.]” in International Class 9.
IDENTIFICATION OF SERVICES
Applicant may substitute the following wording, if accurate:
“Book publishing; electronic desktop publishing; publication of musical texts; provision of information relating to entertainment, music, live performances and entertainment events; provision of entertainment in the nature of [specify types, e.g., online computer games, live music by an entertainer, etc.]; rental of sound recordings; rental of records or sound-recorded magnetic tapes; arranging and conducting of concerts; arranging and planning of movies, shows, plays, or musical performances; orchestra services; providing on-line music, not downloadable; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of music; songwriting; record mastering” in International Class 41.
“Development and creation of computer programs with artificial intelligence; 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; 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 computer programs of data networks; Software as a service(SAAS) services featuring software for [specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc.]; providing temporary use of on-line non-downloadable cloud computing software for [specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc. and, if software is content- or field-specific, the field of use]” in International Class 42.
ID MANUAL IS AVAILABLE ONLINE
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be 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
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.