NOTE TO THE FILE
SERIAL NUMBER: 88403741
DATE: 07/15/2019
NAME: kmoninghoff
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone X Sent email to
email ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER:
From: Moninghoff, Kim
Sent: Tuesday, July 09, 2019 3:22 PM
To: hgarcia@multitudeentertainment.com
Subject: Trademark Application #88403741 MULTITUDE ENTERTAINMENT GROUP
Mr. Garcia,
I am an examining attorney with the U.S. Patent and Trademark Office. I’ve been assigned to review the trademark application you filed with our Office. There are three issues with your application that must be addressed. I can take care of some or all of these for you if you provide your consent to one of the options discussed below by reply email or phone. The following is an explanation of the three issues:
(1) Disclaimer. The wording ENTERTAINMENT GROUP in the mark merely describes characteristics of your services. When a mark includes this type of descriptive wording, we require consent to a disclaimer. This is a statement that only goes in the Office’s records to indicate that trademark rights are not claimed in the descriptive wording. No amendment is made to the mark itself or how it is used in commerce. The disclaimer statement would read as follows:
No claim is made to the exclusive right to use “ENTERTAINMENT GROUP” apart from the mark as shown.
(2) Identification/classification of services. Your services include the term MULTITUDE from the mark. The services shouldn’t include distinctive terms from the mark. Additionally, your services need further amendment because they appear to include services that belong in at least two classes as follows:
Marketing and promotional services for bars and restaurants, community events, concerts, and live music; Development of marketing strategies for bars and restaurants, community events, concerts, and live music; employment hiring for bars and restaurants, community events, concerts, and live music; sponsorship search for bars and restaurants, community events, concerts, and live music; Placing television and radio advertisements for others, namely, for bars and restaurants, community events, concerts, and live music; design and dissemination of the advertising flyers for others, namely, for bars and restaurants, community events, concerts, and live music; advice and consulting relating to all of the foregoing services, in Class 35.
Consultation and advice in the field of special event planning for social entertainment purposes for bars and restaurants, community events, concerts, and live music, in Class 41.
We charge fees based on the number of classes in the application. So, if you limit your services to one of the above classes, they are covered by the current fee. If you want to add an additional class, you will need to provide an additional filing fee.
(3) Earlier filed application. When an application is filed, we conduct a search of our database for confusingly similar marks. There is an earlier filed application, No. 88346519 for MULTITUDES, that includes services in Class 35 that are related to the Class 35 services suggested above.
This means that you have the following options:
- If you consent to the above disclaimer and to limit your services to Class 41 as amended above, I will enter the amendments for you and send you a confirmation letter called an Examiner’s Amendment. I will also approve your mark for publication.
- If you consent to the above disclaimer and to limit your services to Class 35 as amended above, I will enter the amendments for you and send you an Examiner’s Amendment. I will then suspend action on your application pending registration or abandonment of Application No. 88346519. If the mark in that application registers, I will then issue a refusal to which you will have an opportunity to respond with argument and evidence. If it abandons, I will approve your mark for publication.
- If you consent to the above disclaimer and amend your services to both of the above classes, I will enter the amendments for you and send you a two-part letter called an Examiner’s Amendment/Priority Action, which will include a requirement for the additional filing fee and an advisory regarding Application No. 88346519. You will have 6 months to file a response with the additional filing fee, and depending on the status of the earlier application at that time, I will then suspend your application, issue a refusal, or approve your application for publication.
If you have any questions, please let me know.
If I don’t hear back from you by the end of the week (7/12), I will send you a formal letter (also by email) for these issues. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.