United States Patent and Trademark Office (USPTO)

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

 

 

 

COMBINED EXAMINER’S AMENDMENT/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:  October 07, 2019

 

 

PRIORITY ACTION

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Applicant must address issues shown below.  On October 2, 2019, the examining attorney and Christopher R. Travis, attorney of record, discussed the issues below.  Applicant must timely respond to these issue.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

Identification is Indefinite.  The identification of goods and services is indefinite and overbroad because it is vague.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1904.02(c), (c)(ii). Specifically,

 

1. The wording “providing information” is not a software function.  Therefore, applicant must specify the function of the software.  For example, use in database management, use in electronic storage of data, delivering information to Internet connected devices.”
2. The wording “entertainment” is vague because it does not specify the subject matter of the entertainment.  For example, music, movies, sports, or art.  Therefore, applicant must specify the subject matter of the entertainment. 
3. The wording “lifestyle” is vague because it does not specify the subject matter of the lifestyle.  For example, relationships, culture, or sexuality.  Therefore, applicant must specify the subject matter of the lifestyle.
4. The wording “television shows and multimedia entertainment content” is not a form of publication.  Therefore, please specify the form of the publication.  For example, articles, brochures.

 

Suggestions

 

Applicant may adopt the following wording, if accurate:

 

International Class 9: Downloadable computer application software for mobile phones, portable media players and handheld computers, namely, software for {Providing information is not a software function.  Therefore, please specify the function of the programs, e.g., use in database management, use in electronic storage of data, delivering information to Internet connected devices.} in the fields of shopping, beauty and skincare, fashion, travel, healthy living, and entertainment;

 

International Class 41: Entertainment services, namely, providing ongoing television programs in the field of beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality} via a global computer network; Entertainment services, namely, providing ongoing webisodes featuring beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality} via a global computer network; Entertainment services, namely, providing podcasts in the field of beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality} and via a website or mobile application; Entertainment services, namely, providing webcasts in the field of beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality} and via a website or mobile application; Entertainment services, namely, providing a web site featuring photographic, audio, video and prose presentations featuring beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality}; Entertainment services, namely, providing an ongoing radio program in the field of beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality}; Entertainment services, namely, providing video podcasts in the field of beauty, fashion, travel, entertainment {Please specify the entertainment related subject matter, e.g., music, movies, sports, art.}, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality} and via a website or mobile application; On-line journals, namely, blogs featuring information, advice, comments and tips about fashion and style, travel, entertainment, personal care, and conscious living; Providing a website featuring blogs and non-downloadable publications in the nature of {Television shows and multimedia entertainment content is not a form of publication.  Therefore, please specify the form of the publication, e.g., articles, brochures} in the fields of beauty, fashion, travel, entertainment, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality}; Providing a website featuring non-downloadable photographs; Providing a website featuring non-downloadable videos in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle {Please specify the lifestyle subject matter, e.g., relationships, culture, or sexuality}

 

See TMEP §§1402.01, 1402.01(e).

 

Partial Abandonment Advisory

 

The stated requirement refers to the following goods and services and does not bar registration for the other goods: 

 

International Class 9: Downloadable computer application software for mobile phones, portable media players and handheld computers, namely, software for providing information is not a software function in the fields of shopping, beauty and skincare, fashion, travel, healthy living, and entertainment;

 

International Class 41: Entertainment services, namely, providing ongoing television programs in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle via a global computer network; Entertainment services, namely, providing ongoing webisodes featuring beauty, fashion, travel, entertainment, personal care, health, and lifestyle via a global computer network; Entertainment services, namely, providing podcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Entertainment services, namely, providing webcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Entertainment services, namely, providing a web site featuring photographic, audio, video and prose presentations featuring beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Entertainment services, namely, providing an ongoing radio program in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Entertainment services, namely, providing video podcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Providing a website featuring blogs and non-downloadable publications in the nature of in the fields of beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Providing a website featuring non-downloadable videos in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and services in International Classes 9 and 41 will be deleted from the application:

 

International Class 9: Downloadable computer application software for mobile phones, portable media players and handheld computers, namely, software for providing information is not a software function in the fields of shopping, beauty and skincare, fashion, travel, healthy living, and entertainment;

 

International Class 41: Entertainment services, namely, providing ongoing television programs in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle via a global computer network; Entertainment services, namely, providing ongoing webisodes featuring beauty, fashion, travel, entertainment, personal care, health, and lifestyle via a global computer network; Entertainment services, namely, providing podcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Entertainment services, namely, providing webcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Entertainment services, namely, providing a web site featuring photographic, audio, video and prose presentations featuring beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Entertainment services, namely, providing an ongoing radio program in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Entertainment services, namely, providing video podcasts in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle and via a website or mobile application; Providing a website featuring blogs and non-downloadable publications in the nature of in the fields of beauty, fashion, travel, entertainment, personal care, health, and lifestyle; Providing a website featuring non-downloadable videos in the field of beauty, fashion, travel, entertainment, personal care, health, and lifestyle

 

The application will then proceed with the following services in International Classes 41 only:

 

International Class 41: On-line journals, namely, blogs featuring information, advice, comments and tips about fashion and style, travel, entertainment, personal care, and conscious living; Providing a website featuring non-downloadable photographs

 

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

Advisories

 

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).

 

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.

 

 

EXAMINER’S AMENDMENT

 

Application has been amended as shown below.  As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

Disclaimer.  The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “MAN” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

Description of Mark.  The following description of the mark replaces the current description of record:

 

The mark consists of the stylized stenciled words "THE MAJESTIC MAN" left-aligned, in capital letters, and each word appearing on a separate line beginning with the word "THE" at the top line, "MAJESTIC" in the middle line, and "MAN" at the bottom line.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

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.

 

 

Biftu, Beniam

/Ben Biftu/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 117

571-272-1525

bbiftu@uspto

 

 

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 October 07, 2019 for

U.S. Trademark Application Serial No. 88509476

 

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. 

 

 

Biftu, Beniam

/Ben Biftu/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 117

571-272-1525

bbiftu@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 October 07, 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.”