To: | InteraXon Inc. (egold@ridoutmaybee.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88480291 - MUSE - 47419-3016 |
Sent: | 7/19/2019 1:32:56 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88480291
Mark: MUSE
|
|
Correspondence Address: ELLIOTT GOLD; RIDOUT & MAYBEE LLP |
|
Applicant: InteraXon Inc.
|
|
Reference/Docket No. 47419-3016
Correspondence Email Address: |
|
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: 7/19/2019
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.
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).
IDENTIFICATION OF GOODS/SERVICES FOR CLASS 41 MUST BE AMENDED
CLASS 9: Downloadable computer software for meditation, wellness and sleep health instruction and/or research; downloadable software applications for meditation, wellness and/or research purposes, namely, software applications for the provision of meditation, wellness and sleep health instructions and/or research; downloadable computer application software for mobile devices, namely, software for provision of meditation, wellness and sleep health instructions and/or research; downloadable virtual reality software for meditation, wellness and sleep health instruction; Prerecorded audio and video recordings in the field of meditation, mental health and sleep health; downloadable multimedia podcasts featuring wellness, meditation and sleep health instruction accessible via the internet; downloadable audio recordings and downloadable multimedia files in the field of meditation, wellness, and sleep heath accessible via the internet and via voice command through wireless home communications networks
CLASS 41: providing multimedia podcasts featuring wellness, meditation and sleep health instruction accessible via the internet; providing online non-downloadable audio and multimedia recordings in the field of meditation, wellness and sleep health accessible via the internet and via voice command through wireless home communications networks
CLASS 42: providing temporary use of online non-downloadable computer software for meditation, wellness and sleep health instruction and/or research; providing temporary use of online non-downloadable software applications for meditation, wellness and/or research purposes, namely, software applications for the provision of meditation, wellness and sleep health instructions and/or research; providing temporary use of online non-downloadable computer application software for mobile devices, namely, software for provision of meditation, wellness and sleep health instructions and/or research; providing temporary use of online non-downloadable virtual reality software for meditation, wellness and sleep health instruction
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.
REQUIREMENTS FOR A MULTIPLE CLASS APPLICATION
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Respond online to this letter. Use the TEAS “Response to Office Action” online form to file a response.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
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.
/Mark Sparacino/
Trademark Attorney
US Patent and Trademark Office
Law Office 103
571-272-9708
Mark.Sparacino@uspto.gov
RESPONSE GUIDANCE