Suspension Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  February 16, 2020

 

 

The application is suspended for the reasons specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending applications below have an earlier filing date or effective filing date than applicant’s application.  If the mark in the applications below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered marks. 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed applications below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the applications below was provided in the August 16, 2019 Office action.

 

            - U.S. Application Serial Nos. 87741811, 87741818, 87981080

 

U.S. Application No. 88132370 has abandoned and is withdrawn.  U.S. Application Serial Nos. 88391755, and 88390984 have matured to registrations and will form the basis of a new nonfinal Office action pending the resolution of the three cited prior-filed pending applications.

 

Refusals and requirements resolved and maintained and continued.  The following requirements are satisfied: 

 

            • Disclaimer Statement

            •  Attorney Information

 

See TMEP §713.02.

 

Identification and Classification of Services

 

In the Office action issued on August 16, 2019, the applicant was advised that the wording “promotion of music for use in advertising the goods and services of others via streaming over the Internet, television broadcasting, and radio broadcasting” in the identification of services for International Class 35 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This entry remains in the identification of services, and remains indefinite.  Specifically, this wording does not make clear whether applicant is providing “music selection services for use in advertising” or “Promotional advertising of products and services of third parties through sponsoring arrangements and license agreements relating to {specify subject matter of sponsoring arrangements and license agreements, e.g., international sporting events, musical concerts, etc.}” in International Class 35.

 

The wording “audiovisual recordings” in the identification of services for International Class 41 is indefinite and must be clarified because it is unclear whether applicant is referencing music videos or image recordings, or both.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate: 

 

            International Class 9: acceptable as amended.

 

            International Class 16: acceptable as amended.

 

            International Class 25: acceptable as amended.

           

            International Class 35: Promoting the music of others by providing online portfolios via an internet website; promotion of music for use in advertising the goods and services of others via streaming over the Internet, television broadcasting, and radio broadcasting, namely, music selection services for use in advertising

 

            International Class 36: acceptable as amended.

 

            International Class 38: acceptable as amended.

 

International Class 41: Music publishing services; production of musical sound and audiovisual being music video recordings for others; music composition services; music video production; music selection services for use in motion pictures, television and musical entertainment programming; consultation and advice regarding musical selections and arrangements for live performances and musical sound and audiovisual recordings; providing temporary use of non-downloadable musical sound recordings via the internet; providing temporary use of non-downloadable audio and audiovisual recordings featuring musical performances over the internet; providing an internet website featuring information in the field of music and musical entertainment; providing temporary use of online non-downloadable computer software for streaming music, musical performances, and general information about musical artists, and the music industry

 

            International Class 42: acceptable as amended.

 

            International Class 45: acceptable as amended.

 

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

 

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.

 

Accordingly, the following refusals and requirements are maintained and continued: 

 

•  Section 2(d) Refusal – Likelihood of Confusion with U.S. Registration Nos. 3869337, 4795621, and 5409051

            •  Identification and Classification of Services

 

See id.   

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Joseph P. McCarthy/

Trademark Examining Attorney

Law Office 127

Phone: (571) 272-0458

joseph.mccarthy@uspto.gov

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 16, 2020 for

U.S. Trademark Application Serial No. 88446467

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Joseph P. McCarthy/

Trademark Examining Attorney

Law Office 127

Phone: (571) 272-0458

joseph.mccarthy@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).

 

 

 

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.”