Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT – EA

Issue date:  June 04, 2020

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

The above-referenced application is partially abandoned because applicant failed to file a response to the final Office action dated October 15, 2019.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).  To avoid partial abandonment, a response or notice of appeal was due within six months from the date on which the USPTO sent the previous Office action; however, no response or notice of appeal was received within this time period.  See TMEP §715.01. 

The final Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

The portion of the identification that was the subject of the refusal(s) and/or requirement(s) will be deleted from the application.  The application will proceed with the following identification: 

Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, mp3 files and mp4 files featuring live-action entertainment, animated entertainment, music and stories;; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games for children; musical recordings; downloadable electronic publications in the nature of comic books, comic magazines and stories in illustrated form; computer game software downloadable from a global computer network; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable computer game software; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; calculators; cell phone battery chargers; electronic personal organizers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; batteries for cellular telephones; cell phone cases; face plates for cellular telephones; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; decorative magnets; graduated rulers; microphones; protective covers and cases for tablet computers; radio frequency authentication device in the nature of identification tag readers and radio frequency transmitter; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes; protective helmets for sports; snorkels; swimming goggles; swim masks.  

If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned.  TMEP §§718.02(a), 1714.01(d).  The petition must be filed within two months of the issue date of this letter using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee.  See 37 C.F.R. §§2.23(a), 2.66(a); TMEP §§718.02(a), 1714.01(a), (d).  Once the petition is filed, notify the Petitions Office at 571-272-8950 that a petition to revive a partially-abandoned application was filed, specifying the application serial number.

/Ronald L. Fairbanks/

Ronald L. Fairbanks

Examining Attorney

Law Office 119

571-272-9405

ron.fairbanks@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on June 04, 2020 for

U.S. Trademark Application Serial No. 88294130

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. 

/Ronald L. Fairbanks/

Ronald L. Fairbanks

Examining Attorney

Law Office 119

571-272-9405

ron.fairbanks@uspto.gov

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.”