To: | The People's Games, LLC (seatm@dwt.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88290234 - TPG - 91240 |
Sent: | 4/23/2019 7:33:47 PM |
Sent As: | ECOM125@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88290234
MARK: TPG
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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 People's Games, 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: 4/23/2019
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
Advisory: Potential Section 2(d) Refusal – Pending Application
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Classification and Identification of Goods
Additionally, applicant has provided the application fees for only two international classes. Thus, not all international classes in the application are covered by the application fees. Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods accordingly; or (2) deleting from the application the goods for all but the number of international classes for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
Further, particular wording within the identification of goods is indefinite and must be clarified to further specify the nature or type of certain items, as set out in bold below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Additionally, particular wording in the identification of goods is indefinite and must be clarified because it does not make clear what the goods are. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. For instance, the wording “baseball stirrups” in Class 25 and “football face masks,” “neck rolls for athletic use,” “rib guards,” “back guards,” “knee savers,” “face masks for baseball,” “hockey face masks,” “elbow backs,” “hip protectors” and “landing pads” in Class 28 is indefinite because it does not make clear what the goods are. The trademark examining attorney has suggested acceptable wording in bold below.
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
Applicant may replace such wording with the following, if appropriate: “anti-sweat.”
The wording “visors” in the identification of goods for International Class 25 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass cap visors or visors being headwear in Class 25, and visors for helmets” in class 9.
Applicant may (1) amend “headgear” to “headwear,” if accurate, and/or (2) retain “headgear,” add “namely,” and then list the specific types of headgear items and classify the goods accordingly (e.g., headgear, namely, sports helmets in International Class 9; headgear, namely, orthodontic headgear in International Class 10; and headgear, namely, sports caps in International Class 25). Given the overbroad nature of “headgear,” the wording after “namely” must identify the goods with sufficient specificity that it would be considered definite and properly classified absent the term “headgear.”
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may substitute the following wording, if accurate:
Class 009: Athletic equipment, namely, mouth guards; hockey protective gear, namely, mouth guards for athletic use; mouth guards for boxing; padded headgear being sports helmets
Class 025: Clothing, namely, tank tops, pants, shorts, visors being headwear, beanies, footwear, headbands, wristbands, basketball shorts, basketball jerseys, basketball shoes, practice warm-up suits, soccer jerseys, soccer warm-up suits, soccer shoes, soccer socks, soccer uniforms, goalie jerseys, football jerseys, football socks, baseball jerseys, baseball pants, baseball hats, belts; clothing, namely, baseball stirrups in the nature of socks, hockey jerseys, hockey socks, hockey anti-sweat clothing in the nature of moisture wicking shirts, pants, shorts and socks, golf shirts, golf shoes, golf spikes, tennis shirts, tennis shorts, tennis shoes, boxing shorts, boxing shirts, mixed martial arts shirts, mixed martial arts shorts, running shorts, running shoes, track shoes; clothing for athletic use, namely, protective padded pants, hockey pants shell, and boxing shorts with protective padding; padded headwear
Class 028: Athletic equipment, namely, basketballs, basketball hoops, basketball hoop nets, soccer balls, shin guards for athletic use, goalie gloves, soccer flags for signaling of field boundaries, soccer goals, soccer ball goal nets, soccer goal frames, football face masks in the nature of catchers' masks, shoulder pads for athletic use, neck rolls for athletic use in the nature of {clarify the nature or type of goods in Class 28, e.g. barbell neck protectors, neck and shoulder supported weights for twisting and lifting exercises}, rib guards in the nature of {clarify the nature or type of goods in Class 28, e.g. protective padding for the ribs for playing {indicate sport, e.g. soccer, basketball}}, back guards in the nature of {clarify the nature or type of goods in Class 28, e.g. muscle training braces to be worn on the back for support when playing sports, protective padding for the back for playing {indicate sport, e.g. soccer, basketball}}, protective football padding for pants and shirts, footballs, field goal markers, football yard markers, football kick stands, baseball gloves, bats for games, baseballs; baseball protective gear, namely, shin guards, chest protectors, face masks for baseball in the nature of catchers' masks, and knee savers in the nature of {clarify the nature or type of goods in Class 28, e.g. baseball knee pads, knee guards for athletic use}; baseball bases, batting gloves, hockey face masks in the nature of catchers' masks; hockey protective gear, namely, shoulder pads, elbow pads, padded hockey gloves, hip protectors in the nature of {clarify the nature or type of goods in Class 28, e.g. protective padding for the hips for playing hockey}, ice skates, hockey sticks, pucks, hockey goals, hockey goal nets, hockey goal frames, shin guards for athletic use, neck guards for athletic use; golf balls, golf clubs, golf tees, golf pins, golf flags, golf tee boxes, golf tee holders; tennis rackets, tennis balls, tennis nets, boxing gloves, mixed martial arts gloves; padded head gear, namely, headwear for dolls; track starting blocks, track hurdles, track relay batons, shot-puts, high jump bars, high jump frames, poles for pole vaulting, landing pads in the nature of {clarify the nature or type of goods in Class 28, e.g. safety padding for use on floors of stadiums and fields to prevent injury during sports events}; football gloves
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.
Multiple-Class Application Requirements
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least three classes; however, applicant submitted a fee(s) sufficient for only two class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Additional Fees
If applicant adopts the suggested amendment of the goods, then applicant must amend the classification to International Classes 9, 25 and 28. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401. The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
Response Guidelines
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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.
/Leslie Ann Thomas-Riggs/
Leslie Ann Thomas-Riggs
Trademark Examining Attorney
USPTO, Law Office 125
(571) 272-5469
leslie.thomas-riggs@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.