Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL 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).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  July 22, 2019

 

 

 

 

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.  

 

 

How to respond.  Click to file a response to this nonfinal Office action  

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.

 

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).

 

Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action.  Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

Identification of Goods

The identification of goods is indefinite and must be clarified because the current identifications require further delineation and detail in order to be considered definite and properly classified.  For example, the computer software must identify the purpose, function and/or field of use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

The examining attorney suggests the following.

 

Downloadable mobile applications (give the purpose, function and field of use); downloadable computer game software for mobile phones; video game cartridges; downloadable video game program; downloadable music files; electronic sheet music, downloadable in International Class 9; and

 

Musical instruments; sheet music stands; stands for musical instruments; conductors' batons; perforated music rolls for use in player pianos in International Class 15; and

 

Paper; cardboard; printed matter, namely, (give the type of printed matter, e.g. magazines, newspapers, newsletters, etc. and the subject matter of the printed goods); printed sheet music; printed publications, namely, (give the specific type of publications, e.g. magazines in the field of name the specific subject matter); printed teaching materials  in the field of (give the specific subject matter); stationery; drawing materials for blackboards; office requisites, except furniture, namely, (give the specific goods, e.g. staplers, note pads); adhesive bands for stationery or household purposes in International Class 16; and

 

Games, namely, (give the specific type of game); toys, namely, (give the specific type of toy); video game apparatus, namely, (give the specific apparatus, e.g. video game consoles; hand-held video game apparatus); playing cards; game cards in International Class 28.

 

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 may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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 goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

Recitation of Services

The identification of services is indefinite and must be clarified because the applicant must be more specific about the type of educational or entertainment services.  The applicant must provide further delineation and detail.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.   The examining attorney suggests the following.

 

Educational services, namely, classes, seminars and workshops in the field of (give the specific subject matter of the services); providing courses of instruction in the field of (give the specific subject matter of the services); entertainment services in the nature of (give the tyupe of entertainment service, e.g. live musical performances); organization of games; organizing cultural activities in the nature of (give the specific activity, e.g. food festivals or art fairs); organization of sports competitions; game services provided on-line from a computer network; games equipment rental in International Class 41; and

 

Scientific research; scientific research and development; technical research in the fields of (give the specific areas of research and the purpose); industrial design; design and development of computer software; consultancy in the design and development of computer hardware; computer hardware design; computer hardware development for computer games; computer game software design and development; computer game programming in International Class 42.

 

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 may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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 goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

Partial Abandonment Advisory

If applicant does not respond to this Office action within the six-month period for response, the  goods and/or services in International Class(es) 9, 15, 16, 28, 41 and 42 for which amendments were required above will be deleted from the application.  The application will then proceed with the goods and/or services in International Class(es) 9, 15, 16, 28, 41 and 42 for which no amendment was required above.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

 

 

Response Guidelines

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

 

 

 

 

/Dawn Feldman-Lehker/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 111

(571)272-9381

dawn.feldman-lehker@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 July 22, 2019 for

U.S. Trademark Application Serial No. 88417596

 

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. 

 

 

/Dawn Feldman-Lehker/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 111

(571)272-9381

dawn.feldman-lehker@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 July 22, 2019, 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.”