Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/26/2019

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Sarah M. Matz, attorney of record, on June 25, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION

 

The identification of goods and services is amended to read as follows:

 

Class 9: Downloadable and recorded computer software, namely, an application for music retail sales that allows users to browse and purchase music through third party platforms and hardware; downloadable and recorded computer software for use in connection with an online music subscription service; downloadable and recorded computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files; downloadable and recorded computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio; downloadable and recorded computer software for creating searchable databases of information; downloadable and recorded computer software for accessing, browsing and searching online databases; downloadable music recordings, digital stems and loops for purchase; downloadable audio and audiovisual video content

 

Class 35: Online retail store services, retail store services, mail order services and distributorship services, all featuring prerecorded digital music, MP3 portables, advanced digital- and computer- based DJ systems and internet portals in the nature of purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections; On-line retail store services featuring downloadable pre-recorded music; Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists

 

Class 38: Streaming of audio and video music material on the Internet; Broadcast and transmission of music and audio by means of telecommunications networks; Broadcast and transmission of streamed music, audio by means of telecommunications networks; Transfer of music and audio to users by means of telecommunications networks

 

Class 41: Entertainment services, namely, providing an Internet website portal in the field of music featuring non-downloadable music recordings and digital music stems and loops; Entertainment services, namely, providing streaming audio and audiovisual content to users through a subscription service provided online via a communication network

 

Class 42: Computer services, namely providing on-line non- downloadable computer software for use in identifying, locating, grouping, distributing and managing pre-recorded music, artists and label data; Providing online non- downloadable software for use in connection with an online music subscription service; Providing online non- downloadable software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files and media files; Providing online non-downloadable software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, and multimedia content

 

See TMEP §§1402.01, 1402.01(e).

 

/Edward Payabyab/

Trademark Examining Attorney

Law Office 128

(571) 272-0021

edward.payabyab@uspto.gov

 

 

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 Trademark Electronic Application System (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 6/26/2019 FOR U.S. APPLICATION SERIAL NO.88415082

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.