To: | Marvel Characters, Inc. (trademarks@disney.com) |
Subject: | U.S. Trademark Application Serial No. 88524568 - THE FALCON AND THE WINTER SOLDIER - N/A |
Sent: | October 11, 2019 10:33:49 AM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88524568
Mark: THE FALCON AND THE WINTER SOLDIER
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Correspondence Address: |
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Applicant: Marvel Characters, Inc.
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Reference/Docket No. N/A
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 11, 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.
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
SUMMARY OF ISSUES:
REQUIREMENT – AMEND IDENTIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
Class 9: Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, {indicate form of the goods, e.g., CDs, DVDs, downloadable audio files, etc.} featuring {indicate subject matter or field}; audio books {in the field of {indicate subject matter} or {in the nature of {indicate type of books, e.g., novels, short stories, etc.}}; audio and visual recordings featuring {indicate subject matter}; {specify downloadable or recorded} video game software; {specify downloadable or recorded} computer programs and software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.}; downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; downloadable game software; downloadable mobile applications for {indicate function of software, e.g., managing bank accounts, editing photos, making restaurant reservations, etc. and, if software is content- or field-specific, the content or field of use}; consumer electronics, namely, {specify type of products} and accessories therefor, namely, {specify accessories}; eyeglasses and sunglasses and accessories therefor, namely, {specify accessories}; binoculars; decorative magnets; graduated rulers; microphones; helmets, namely, {specify type of helmets, e.g., motorcycle helmets, sports helmets, etc.}; flotation vests; protective face masks not for medical purposes; snorkels; swimming goggles; swim masks
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.
ASSISTANCE
Please 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.
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
Calloway, Christina
/Christina Calloway/
Examining Attorney
Law Office 122
571-272-7342
christina.calloway@uspto.gov
RESPONSE GUIDANCE