To: | Bapper Entertainment, Inc. (susan.grode@kattenlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88522595 - BAPPER - 382139-1 |
Sent: | October 01, 2019 02:13:24 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88522595
Mark: BAPPER
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Correspondence Address: |
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Applicant: Bapper Entertainment, Inc.
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Reference/Docket No. 382139-1
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: October 01, 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 REQUIREMENT
Applicant identified the following goods:
Class 009: Audio books on the subject of cartoon illustrations; downloadable audio books on the subject of cartoon illustrations; electronic publications recorded on computer media, namely, comic books, books and magazines featuring entertainment, namely, cartoon illustrations; computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, data, images, audio files, video files and electronic games; computer software for accessing, browsing and searching online databases; computer software to enable users to program and distribute audio, video, text and other multimedia content via communications networks; motion picture films and films for television featuring animated cartoon entertainment; computer game programs; computer game software; electronic game programs; interactive game programs; interactive game software; video game programs; downloadable video games, computer games, electronic games and interactive games, via the internet; electronic game software; video game software; downloadable ringtones, ringback tones, computer, tablet and mobile phone wallpapers, electronic games, videos, and music via the internet and wireless devices; downloadable image file containing artwork, text, audio, video, games and internet weblinks relating to entertainment; downloadable multimedia image file containing artwork, text, audio, video, games and internet weblinks relating to entertainment; digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring entertainment, namely, cartoon illustrations; pre-recorded DVDs featuring entertainment, namely, cartoon illustrations; video game cartridges and discs
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant may substitute the following wording, if accurate:
Bolded wording has been added to the identification of goods to indicate suggested amendments.
Class 009: Audio books on the subject of cartoon illustrations; downloadable audio books on the subject of cartoon illustrations; electronic publications recorded on computer media, namely, comic books, books and magazines featuring entertainment, namely, cartoon illustrations; Downloadable computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, data, images, audio files, video files and electronic games; Downloadable computer software for accessing, browsing and searching online databases; Downloadable computer software to enable users to program and distribute audio, video, text and other multimedia content via communications networks; motion picture films and films for television featuring animated cartoon entertainment; Downloadable computer game programs; Downloadable computer game software; Downloadable electronic game programs; Downloadable interactive game programs; Downloadable interactive game software; video game programs; downloadable video games, computer games, electronic games and interactive games, via the internet; Downloadable electronic game software; Downloadable video game software; downloadable ringtones, ringback tones, computer, tablet and mobile phone wallpapers, electronic games, videos, and music via the internet and wireless devices; downloadable image file containing artwork, text, audio, video, games and internet weblinks relating to entertainment; downloadable multimedia image file containing artwork, text, audio, video, games and internet weblinks relating to entertainment; digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring entertainment, namely, cartoon illustrations; pre-recorded DVDs featuring entertainment, namely, cartoon illustrations; video game cartridges and discs
Class 041: Providing temporary use of non-downloadable computer game programs; Providing temporary use of non-downloadable computer game software; Providing temporary use of non-downloadable electronic game programs; Providing temporary use of non-downloadable interactive game programs; Providing temporary use of non-downloadable interactive game software; Providing temporary use of non-downloadable video game programs
Class 042: Providing on-line non-downloadable computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, data, images, audio files, video files and electronic games; Providing on-line non-downloadable computer software for accessing, browsing and searching online databases; Providing on-line non-downloadable computer software to enable users to program and distribute audio, video, text and other multimedia content via 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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 1 class. 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 Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
COMMENTS
Applicant may call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Andrew T. Clark/
Trademark Examining Attorney
Law Office 107
600 Dulany Ave.
Alexandria, VA 22316
(571) 270-7304
andrew.clark@uspto.gov
RESPONSE GUIDANCE