Priority Action

United States Patent and Trademark Office (USPTO)

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

 

 

 

PRIORITY ACTION

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:  March 26, 2020

 

 

Applicant must address issues shown below.  On March 26, 2020, the examining attorney and Joseph V. Myers III discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

IDENTIFICATION OF GOODS

 

The identification of goods in International Class 9 is indefinite and must be clarified because it does not sufficiently identify the nature of applicant’s software as it relates to the commas between the words “purchasing and “streaming” of music and videos, and providing information in the field of “economy.”  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate:  compact discs featuring music; recorded computer game programs; downloadable computer game programs; downloadable computer software for organizing and viewing digital images and photographs; downloadable computer software for transmitting graphics to mobile telephones; downloadable computer software for enhancing audio visual capabilities of multimedia applications for integration of text, audio, graphics, still images and moving pictures; downloadable computer operating system; downloadable computer software for editing text files, audio files, video files, image files and websites; recorded computer programs for editing images, sound and video; downloadable computer software for creating and editing computer graphics; downloadable computer software for assisting developers in creating program code for use in multiple application programs; downloadable computer software used for backing up electronic data; recorded video game software; downloadable video game software; downloadable computer software for displaying orders and driver locations on maps; downloadable computer software applications for purchasing, streaming of music, and purchasing, streaming of videos that may be downloaded from a global computer network; computer software applications for providing information in the fields of music, finance, health and fitness, lifestyle, medicine, travelling, sports, entertainment, namely, music, TV, film and radio entertainment and economy economics that may be downloaded from a global computer network; computer software applications for navigation, and playing and purchasing video games, all for mobile phones and tablets that may be downloaded from a global computer network; external computer hard drives; glasses for sports; magnets for industrial purposes; downloadable interactive multimedia computer game programs; prerecorded magnetic data carriers featuring computer software in the field of electronic games, entertainment, music, culture, and sports, namely, computer software that allows transmission of graphics to mobile telephones, and computer software to enhance audio visual capabilities of multimedia applications for the integration of text, audio, graphics, still images and moving pictures; articles of protective clothing with built in armor for protection against accident or injury for use in motorcycling; apertometers; compact discs featuring computer games; DVDs featuring music; laser discs featuring movies in the field of electronic games, entertainment in the nature of fashion shows, music, culture in the nature of dance events and sports, and video games; X-Y plotters; protective face-shields for protective helmets; protective ear covering shields, protective ballistic resistant and blast resistant body armor, clothing and garments; safety harnesses for auto racing; monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; signaling buoys; SIM cards; television receivers; time switches; wearable activity trackers; audio speakers; audio tape recorders; audiovisual receivers; barometers; bicycle helmets; binoculars; blank audio tapes; blank diskettes; blank optical disks; blank USB flash drives; blank video tapes; calculators; camcorders; camera shutters; cameras; cases for mobile phones; cinematographic cameras; downloadable computer operating programs; computers; decorative magnets; digital cameras; digital video recorders; directional compasses; DVD recorders; electric transformers; electrical cables; electrical wires; electronic notice boards; electronic warning bells; eye glasses; flight simulators; football helmets; fridge magnets; global positioning system (GPS) consisting of computers, downloadable computer software, transmitters, receivers, and network interface devices; goggles for sports; headphones; loudspeakers; luminous signs; magnifying glasses; measuring cups; measuring spoons; measuring tapes; mechanisms for coin-operated apparatus; mobile telephones; movie projectors; MP3 players; personal security alarms; personal stereos; photocopiers; photometers; portable radios; protective eyeglasses; protective helmets for sports; recorded computer operating programs; safety goggles; safety markers; smartglasses; smartwatches; spectacles; sunglasses; telescopes; televisions; vehicle drive training simulators; video cassette recorders; video monitors; video projectors; video tape recorders; computer game software, recorded; computer programs, downloadable, namely, downloadable computer programs for using the internet and the world wide web and downloadable computer programs for user interface design; trackballs; computer game software, downloadable.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

RESPONSE TO OFFICE ACTION

 

If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 9 will be deleted from the application:  downloadable computer software applications for purchasing, streaming of music, and purchasing, streaming of videos that may be downloaded from a global computer network; computer software applications for providing information in the field of economy that may be downloaded from a global computer network.  The application will then proceed with the remaining goods only.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments 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.

 

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

.

 

 

/Barney L. Charlon/

Trademark Examining Attorney

Law Office 104

(571) 272-9141

(571) 272-9104 (fax)

barney.charlon@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS 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 March 26, 2020 for

U.S. Trademark Application Serial No. 88482105

 

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. 

 

 

Charlon, Barney

/Barney L. Charlon/

Trademark Examining Attorney

Law Office 104

(571) 272-9141

(571) 272-9104 (fax)

barney.charlon@uspto.

 

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 March 26, 2020, 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.”