To: | Boinus, Alan N (alan.abcp@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88470484 - FRONT ROW CENTER - N/A |
Sent: | August 07, 2019 12:37:32 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88470484
Mark: FRONT ROW CENTER
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Correspondence Address:
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Applicant: Boinus, Alan N
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: August 07, 2019
Search of Office’s Database of Marks
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).
Summary of Issues
Wording in the Identification of Goods is Indefinite and Contains Improper Punctuation
In the present case, each entry in the identification of goods contains a punctuation error, indefinite wording, or both.
Some of the wording in the identification of goods is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording 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. Specifics are set forth below.
Applicant should note that when identifying software, applicant must specify (1) the purpose or function of the software and its content or field of use, if content- or field- specific; and (2) whether its format is downloadable, recorded, or online non-downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a). Here, while it is clear that the software is downloadable, the function and field of the software is not clear in every instance.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Class 9 Issues:
· “Downloadable communications software for connecting social networks.;” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a).
· “Downloadable computer application software for mobile phones, namely, software for uploading, downloading, streaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events.;” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Additionally, applicant must clarify whether “live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events” is intended to modify “streaming” only, or is also intended to modify “uploading, downloading”. Applicant may make this clear by placing an “and” before “streaming”, as this is how the wording would typically appear if “uploading” and “downloading” were modified by this wording.
· “Downloadable computer application software for mobile phones, namely, software for creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving, accessing, of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks.;” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Further, it is not clear which wording “electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” is intended to modify. While it is clear that it modifies “accessing”, it is not clear whether this wording is meant to modify “creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving”. The entry is made even more confusing in that it is unclear how “of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” could logically modify the word “blogging” or “chatting”. Further, “electronic or digital media” is vague and could refer to any number of things. Applicant should clarify the nature of the media so that the function of the software is clear, e.g. videos, audio files, articles. “Showing” is also vague and is not a clear function. If the software is for displaying or sharing particular content, this may be clarified. The word has been removed from the suggested identification as “displaying” and “sharing” are already listed functions.
· “Downloadable computer application software for for mobile phones, computers, handheld computer devices, namely, software for uploading, downloading, streaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events.” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Further, “for” is listed twice after “software”. One of these should be deleted. Additionally, applicant must clarify whether “live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events” is intended to modify “streaming” only, or is also intended to modify “uploading, downloading”. Applicant may make this clear by placing an “and” before “streaming”, as this is how the wording would typically appear if “uploading” and “downloading” were modified by this wording.
· “Downloadable computer application software for for mobile phones, computers, handheld computer devices, namely, software for for creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving, accessing, of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks.” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Further, “for” is listed twice after “software” in two instances. One of these should be deleted in each instance. Further, it is not clear which wording “electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” is intended to modify. While it is clear that it modifies “accessing”, it is not clear whether this wording is meant to modify “creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving”. The entry is made even more confusing in that it is unclear how “of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” could logically modify the word “blogging” or “chatting”. Further, “electronic or digital media” is vague and could refer to any number of things. Applicant should clarify the nature of the media so that the function of the software is clear, e.g. videos, audio files, articles. “Showing” is also vague and is not a clear function. If the software is for displaying or sharing particular content, this may be clarified. The word has been removed from the suggested identification as “displaying” and “sharing” are already listed functions. “And” has been placed before “handheld” for clarity in the suggested identification.
· ‘“Downloadable software in the nature of a mobile application for uploading, downloading, streaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events” is indefinite in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Further, applicant must clarify whether “live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events” is intended to modify “streaming” only, or is also intended to modify “uploading, downloading”. Applicant may make this clear by placing an “and” before “streaming”, as this is how the wording would typically appear if “uploading” and “downloading” were modified by this wording.
· “Downloadable software in the nature of a mobile application for creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving, accessing, of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” in the use of a period. The period should be removed from the identification. TMEP §1402.01(a). Further, it is not clear which wording “electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” is intended to modify. While it is clear that it modifies “accessing”, it is not clear whether this wording is meant to modify “creating, posting, showing, displaying, blogging, emailing, sharing, chatting, tagging, streaming, broadcasting, sharing, transmitting, viewing, videoconferencing, social networking, retrieving”. The entry is made even more confusing in that it is unclear how “of electronic or digital media, images, videos, text or information or live or recorded streams in the field of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks” could logically modify the word “blogging” or “chatting”. Further, “electronic or digital media” is vague and could refer to any number of things. Applicant should clarify the nature of the media so that the function of the software is clear, e.g. videos, audio files, articles. “Showing” is also vague and is not a clear function. If the software is for displaying or sharing particular content, this may be clarified. The word has been removed from the suggested identification as “displaying” and “sharing” are already listed functions.
Applicant may adopt the following identification, if accurate:
Class 9: Downloadable computer application software for mobile phones, namely, software for uploading, downloading and streaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events; downloadable computer application software for mobile phones, namely, software for blogging, chatting, social networking, e-mailing, videoconferencing, tagging {specify what the tagging is in relation to, e.g. people and places in social media posts}, creating {specify what the software is for use in creating here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, posting {specify what the software is for use in posting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams }, displaying and sharing {specify what the software is for use in displaying and sharing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, transmitting {specify what the software is for use in transmitting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, viewing {specify what the software is for use in viewing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, streaming and broadcasting {specify what the software is for use in streaming and broadcasting here, e.g. videos, audio files, live or recorded video streams}, and retrieving and accessing of electronic or digital media in the nature of {specify the nature of the electronic or digital media, e.g. videos, audio, text, data}, images, videos, text, information, or live or recorded streams all of the foregoing software being in the fields of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks; downloadable computer application software for mobile phones, computers, and handheld computer devices, namely, software for uploading, downloading, and streaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events; downloadable computer application software for mobile phones, computers and handheld computer devices, namely, software for blogging, chatting, social networking, e-mailing, videoconferencing, tagging {specify what the tagging is in relation to, e.g. people and places in social media posts}, creating {specify what the software is for use in creating here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, posting {specify what the software is for use in posting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams }, displaying and sharing {specify what the software is for use in displaying and sharing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, transmitting {specify what the software is for use in transmitting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, viewing {specify what the software is for use in viewing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, streaming and broadcasting {specify what the software is for use in streaming and broadcasting here, e.g. videos, audio files, live or recorded video streams}, and retrieving and accessing of electronic or digital media in the nature of {specify the nature of the electronic or digital media, e.g. videos, audio, text, data}, images, videos, text, information, or live or recorded streams all of the foregoing software being in the fields of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks; downloadable software in the nature of a mobile application for uploading, downloading, andstreaming live events or pre-recorded videos in the field of entertainment performances, motion picture, television, theatrical, music or sporting events;Downloadable software in the nature of a mobile application for blogging, chatting, social networking, e-mailing, videoconferencing, tagging {specify what the tagging is in relation to, e.g. people and places in social media posts}, creating {specify what the software is for use in creating here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, posting {specify what the software is for use in posting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams }, displaying and sharing {specify what the software is for use in displaying and sharing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, transmitting {specify what the software is for use in transmitting here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, viewing {specify what the software is for use in viewing here, e.g. videos, audio files, news articles, text, news articles featuring particular information, live or recorded video streams}, streaming and broadcasting {specify what the software is for use in streaming and broadcasting here, e.g. videos, audio files, live or recorded video streams}, and retrieving and accessing of electronic or digital media in the nature of {specify the nature of the electronic or digital media, e.g. videos, audio, text, data}, images, videos, text, information, or live or recorded streams all of the foregoing software being in the fields of entertainment performances, motion picture, television, theatrical, music or sporting events over the Internet and other communications networks
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 Wish to Seek Trademark Counsel
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
Response to Office Action
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.
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
Rosen, Amanda
/Amanda Rosen/
Examining Attorney
Law Office 121
571-270-5984
Amanda.Rosen@USPTO.gov
RESPONSE GUIDANCE