To: | Mrbeastyoutube, LLC (jsleeper@coatsandbennett.com) |
Subject: | U.S. Trademark Application Serial No. 88307131 - MRBEAST - 7696-001 |
Sent: | July 30, 2019 04:54:00 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88307131
Mark: MRBEAST
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Correspondence Address: |
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Applicant: Mrbeastyoutube, LLC
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Reference/Docket No. 7696-001
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 30, 2019
This Office action is supplemental to and supersedes the previous Office action issued on May 10, 2019 in connection with this application. The assigned trademark examining attorney inadvertently omitted requirements relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, either a consent statement for the individual identified in the mark or a negative consent statement is required, and a clarification of the identification of services is required. The issue regarding the mark on the drawing and specimen differing in the May 10, 2019 Office action is resolved. Please note that the specimen refusal issue raised in the Office action from May 10, 2019 has been resolved with the response submitted on June 5, 2019 and the subsequent amendment to allege use on June 19, 2019.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Name of Individual – Inquiry
• NEW ISSUE: Identification of Services Requires Amendment
Applicant must respond to all issues raised in this Office action and the previous May 10, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
NAME OF INDIVIDUAL – INQUIRY
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “<specify assumed name> identifies <specify actual name>, a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual(s), as follows: “I, <specify name>, consent to the use and registration of my name, <name>, as a trademark and/or service mark with the USPTO.”
For an overview of the requirements pertaining to names appearing in marks, and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) response form, please go to http://www.gov.uspto.report/trademarks/law/consent.jsp.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
IDENTIFICATION OF SERVICES REQUIRES AMENDMENT
Applicant may substitute the following wording, if accurate (suggestions in bold):
Class 25: [no changes necessary]
Class 41: entertainment services, namely, providing online non-downloadable videos featuring stunts, pranks, challenges and monetary giveaways
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.
RESPONSE GUIDELINES
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.
How to respond. Click to file a response to this nonfinal Office action
/Katherine M. Eissenstat/
Trademark Examining Attorney
USPTO, Law Office 127
Tel: (571) 272-5886
Email: Katherine.Eissenstat@uspto.gov
RESPONSE GUIDANCE