To: | Egift LTD (docketing@ploen.com) |
Subject: | U.S. Trademark Application Serial No. 88325717 - GAMEGIFT - GAM-602 |
Sent: | December 13, 2019 02:49:55 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88325717
Mark: GAMEGIFT
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Correspondence Address:
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Applicant: Egift LTD
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Reference/Docket No. GAM-602
Correspondence Email Address: |
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FINAL OFFICE ACTION
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: December 13, 2019
This Office Action is in response to applicant’s communication filed on November 20, 2019.
In a previous Office Action(s) dated May 5, 2019, applicant was required to satisfy the following: Disclaim the wording “GAME GIFT” and amend the identification of services.
Based on applicant’s response, applicant has satisfied the following: amendment of identification of services. See TMEP §§713.02, 714.04.
Please note: the identified prior filed application has matured to registration. However, the change to the Identification of services has obviated the potential Section 2(d) Refusal.
The trademark examining attorney maintains and now makes FINAL the refusal(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
As indicated in the May 20, 2019 Office Action, the wording “GAME GIFT” must be disclaimed in the applied for mark. In applicant’s November 20, 2019 response, only the wording “GAME” has been disclaimed. Accordingly, this requirement is now made FINAL.
The previously attached evidence shows this wording the wording GAME is defined as “An activity providing entertainment or amusement; a pastime.” Additionally, GIFT is defined as “Something that is bestowed voluntarily and without compensation.”
Thus, the wording merely describes applicant’s services, specifically a service for downloading or transferring gifts related to games, namely online video games.
Furthermore, the previously attached internet evidence from applicant’s website shows that applicant’s online platform may be used to download gifts related to games. Additionally, applicant’s services are described on the website as “a game information media that you can get free of charge for games such as limited items for popular smartphone games, gift cards useful for billing, and limited special goods.”
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GAME GIFT” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
Mark Peisecki
/Mark Peisecki/
Trademark Examining Attorney Law Office 105
(571) 270-5399
mark.peisecki@uspto.gov
RESPONSE GUIDANCE