UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 6/29/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

·       Identification of Goods and Services

·       Entity Uncertain

 

SEARCH RESULTS AND ACTION ON THE MERITS FOR CLASS 9 ONLY

 

The trademark examining attorney has searched the Office’s database of registered and pending marks for class 9 only 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).

 

A review of the merits of the application is deferred for classes other than class 9, and a search of the USPTO’s database of registered and pending marks is deferred in part, until applicant responds to this Office action by satisfying one of the following:

 

(1)       Specify the number of classes for which registration is sought and provide the filing fees for all such classes.

 

(2)       Delete class(es) from the application not covered by the fee(s) already submitted. 

 

See TMEP §§810.01, 1401.04. 

 

The application was filed online as a Trademark Electronic Application System (TEAS) Reduced Fee (RF) application and therefore the filing fee per class was $275.  See 37 C.F.R. §2.6(a)(1)(i)-(iii); TMEP §810.  The application identifies goods and/or services in at least 2 class(es), which require a total of fees in the amount of $550.  Applicant submitted $275 with the application.  The fee(s) submitted was sufficient for only 1 class(es). 

 

IDENTIFICATION OF GOODS AND SERVICES

 

The examining attorney makes the requirement for an acceptable and definite identification.  Applicant’s identification is in BOLD and the examining attorney’s comments and suggestions are underlined.

 

Class 9

 

DIGITAL MEDIA, NAMELY, PRE-RECORDED CD-ROMS, DIGITAL VERSATILE DISCS, AND DVDS, FEATURING GAME SHOWS;

The examining attorney accepts the above identification of goods in class 9.

 

COMPUTER GAME PROGRAMS;

Applicant must indicate if the programs are recorded or downloadable.  Applicant may adopt the following in class 9:  recorded computer game programs.

 

COMPUTER GAME SOFTWARE;

Applicant must indicate if the programs are recorded or downloadable.  Applicant may adopt the following in class 9:  recorded computer game software.

 

DOWNLOADABLE MOBILE APPLICATIONS FEATURING ELECTRONIC GAMES;

The examining attorney accepts the above identification of goods in class 9.

 

DOWNLOADABLE COMPUTER GAME PROGRAMS;

The examining attorney accepts the above identification of goods in class 9.

 

DOWNLOADABLE COMPUTER GAME SOFTWARE;

The examining attorney accepts the above identification of goods in class 9.

 

VIDEO GAME PROGRAMS;

Applicant must indicate if the programs are recorded or downloadable.  Applicant may adopt the following in class 9:  recorded video game programs.

 

DOWNLOADABLE ELECTRONIC PUBLICATIONS RELATING TO TELEVISION GAME SHOWS

Applicant must be more specific about the type of electronic publications, i.e. magazines, books.  Applicant may adopt the following in class 9:  downloadable electronic publications in the nature of [indicate particular publication, for example, magazines, books] relating to television game shows.

 

Class 41

 

TELEVISION SERIES GAME SHOW;

Applicant may adopt the following in class 41:  entertainment services, namely, an ongoing television series featuring a game show.

 

TELEVISION SERIES GAME SHOW PLAYED INTERACTIVELY PLAYABLE WITH AN ONLINE AUDIENCE;

Applicant may adopt the following in class 41:  entertainment services, namely, an ongoing television series featuring a game show that is played interactively with an online audience.

 

ENTERTAINMENT SERVICES, NAMELY, PROVIDING ONLINE COMPUTER GAMES AND VIDEO GAMES;

The examining attorney accepts the above services in class 41.

 

PROVIDING TEMPORARY USE OF NON-DOWNLOADABLE ONLINE GAMES;

Applicant must be more specific about the type of online games, for example, online poker games, online board games.  Applicant may adopt the following in class 41:  providing temporary use of non-downloadable online [indicate type of games, for example, card games, poker games, board games].

 

PROVIDING TEMPORARY USE OF NON-DOWNLOADABLE ONLINE ELECTRONIC GAMES PLAYED VIA A GLOBAL COMPUTER NETWORK OR WIRELESS DEVICES;

The examining attorney accepts the above services in class 41.

 

PROVIDING A WEBSITE FEATURING BLOGS AND NON-DOWNLOADABLE PUBLICATIONS IN THE NATURE OF ARTICLES IN THE FIELD OF TELEVISION GAME SHOWS

The examining attorney accepts the above services in class 41.

 

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.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

ENTITY UNCERTAIN

 

The designation “LLC” is included in applicant’s name; however, the legal entity is set forth as a “corporation.”  Generally, “LLC” identifies a “limited liability company,” and not a corporation.  Therefore, applicant must specify whether the legal entity is a limited liability company or a corporation and amend the application accordingly.  TMEP §803.03(h); see 37 C.F.R. §§2.32(a)(2), (a)(3)(ii), 2.61(b).

 

If applicant is a limited liability company, applicant must amend the legal entity and provide the U.S. state under whose laws it is organized.  TMEP §803.03(h).  If applicant is a corporation, applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization.  See TMEP §803.03(c).

 

If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed.  See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b).  An application must be filed by the party who owns or is entitled to use the mark as of the application filing date.  See 37 C.F.R. §2.71(d); TMEP §1201.02(b).

 

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.  

 

 

 

/Kim Saito/

Examining Attorney, Law Office 124

kim.saito@uspto.gov

571.272.9214

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/29/2019 FOR U.S. APPLICATION SERIAL NO. 88392626

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 6/29/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.