Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  March 04, 2020

 

This Office action is in response to applicant’s communication filed on February 3, 2020.

 

In a previous Office action dated August 9, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: 

 

·         Attorney Bar Information and Attestation Required

·         Identification and Classification of Services—Amendment Required

·         Advisory: Duplicative Entries in IDs

·         Multi-class Application Requirements

 

REQUIREMENTS SATISFIED: Based on the applicant’s response, the following requirements have been satisfied:

 

·         Attorney Bar Information and Attestation Required

·         Classification of Services—Amendment Required

·         Advisory: Duplicative Entries in IDs

·         Multi-class Application Requirements

 

See TMEP §§713.02, 714.04.

 

Based on the applicant’s response, the trademark examining attorney maintains and now makes FINAL the refusal 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:

 

• Identification of Services—Amendment Required
• Partial Abandonment Advisory

 

All Relevant Arguments and Evidence Included with the Previous Office Action are Continued and Maintained and Incorporated Herein by Reference.

 

IDENTIFICATION OF SERVICES—AMENDMENT REQUIRED

 

The wording “general interest” in the identification of services for class 41 is indefinite and must be clarified because the wording is too broad to give constructive notice to third-parties for likelihood of confusion analysis.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to add specification in this regard or delete the wording.  See TMEP §1402.01. 

 

Applicant may adopt the following identifications, if accurate:

 

CLASS 14: [No Changes]

 

CLASS 18: [No Changes]

 

CLASS 25: [No Changes]

 

CLASS 41: entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment via an online communications network; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment, via video media

 

Scope Advisory

 

Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted services may not later be reinserted.  See TMEP §1402.07(e).

 

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.

 

PARTIAL ABANDONMENT ADVISORY

If applicant does not respond to this Office action within the six-month period for response, International Class 41 will be deleted from the application.  The application will then proceed with International Classes 14, 18, and 25 only.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

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).

 

 

Byron S. Barahona, Esq.

/Byron Steve Barahona/

Examining Attorney

Law Office 127

Phone: (571)-270-5579

Byron.Barahona@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 04, 2020 for

U.S. Trademark Application Serial No. 88371400

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Byron S. Barahona, Esq.

/Byron Steve Barahona/

Examining Attorney

Law Office 127

Phone: (571)-270-5579

Byron.Barahona@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from March 04, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”