To: | Atlanta DTH, Inc. (docketing@vividip.legal) |
Subject: | U.S. Trademark Application Serial No. 88385493 - TOLKA - N/A |
Sent: | July 02, 2019 09:28:18 AM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88385493
MARK: TOLKA
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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: Atlanta DTH, Inc.
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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: July 02, 2019
Please note, call can resolve issue(s):
SEARCH
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
However, in order for the mark to be registerable, applicant must respond to the following requirement(s):
REQUIREMENT(S)
IDENTIFICATION OF GOODS & SERVICES UNACCEPTABLE
Applicant must specify the common commercial or generic name for the goods and/or services. See TMEP §1402.01. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses and/or describe the nature of the services as well as their main purpose, channels or trade, and the intended consumer(s). See id.
Applicant may adopt the following wording, if accurate:
Class 009:
Set-top boxes; dongles being computer hardware for preventing the unauthorized copying or use of computer software; downloadable software for watermarking, fingerprinting, and applying digital signatures to digital content; television apparatus in the nature of television decoders, namely, integrated receiver decoders.
Class 035:
Promoting the goods and services of others by distributing the advertising materials of others through a variety of methods; promoting the goods and services of others by distributing the advertising materials of others via a global computer network, telecommunications networks, and wireless communications networks.
Class 038:
Advanced advertising services, namely, _____ (specify using common commercial or generic name and classify appropriately (“advertising
services” is acceptable alone in Class 035 but perhaps clarification of “advanced advertising services” will flush out classification)); broadcasting (delete “advertising”
as it is a class 035 service) services, namely, transmission of advertising programs and media advertising communications via digital communications networks; Electronic transmission and
streaming of digital media content for others via global and local computer networks; telecommunication services, namely, on demand transmission of audio and video by means of telecommunications
networks, wireless communication networks, and a global computer network
Class 042:
Digital watermarking; providing on-line non-downloadable software for watermarking, fingerprinting, and applying digital signatures to digital content.
Again, 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.
TRANSLATION OF MARK COMPRISED ENTIRELY OF FOREIGN WORDING
The following English translation is suggested:
The English translation of “TOLKA” is “INTERPRET”.
TMEP §809.03. See attached translation evidence found at http://translate.google.com/#view=home&op=translate&sl=auto&tl=en&text=tolka.
OPPORTUNITY TO RESPOND
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.
/Tricia Sonneborn/
Tricia Sonneborn
Trademark Examining Attorney – Law Office 110
United States Patent & Trademark Office
(571) 272-9225
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.