To: | Chris Salgardo (ctravis@travislawnyc.com) |
Subject: | U.S. Trademark Application Serial No. 88509533 - MM - N/A |
Sent: | October 07, 2019 11:40:10 AM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88509533
Mark: MM
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Correspondence Address: |
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Applicant: Chris Salgardo
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Reference/Docket No. N/A
Correspondence Email Address: |
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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
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,
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).
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
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.
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).
The mark consists of the stylized wording "MM" formed with disjointed shaded triangles and chevrons. The sides of the mark, creates the appearance of the letters twisting. The center of the mark, where the letters touch, creates the appearance of an upward pointing arrow.
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