To: | Hemingway, Marcus T (ferrariboy843@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88528941 - RARIBOY SPIN - N/A |
Sent: | October 16, 2019 10:37:05 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88528941
Mark: RARIBOY SPIN
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Correspondence Address:
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Applicant: Hemingway, Marcus T
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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 16, 2019
APPLICATION STATUS
SEARCH FOR CONFLICTING 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).
ENTITY CLARIFICATION
If applicant is an individual, applicant should simply request that the legal entity be amended to “individual” and must indicate his/her country of citizenship for the record. TMEP §803.03(a). This option applies, even if the applicant is DBA / “doing business as” as a Limited Liability Company.
Alternatively, if applicant is a limited liability company, applicant must provide the correct name of the limited liability company and the U.S. state or foreign country of incorporation or organization. TMEP §803.03(h).
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration may be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
RECITATION OF SERVICES
Applicant may substitute the following wording, if accurate:
Class 41 – “Production of music; Entertainment services in the nature of recording in the field of music, Entertainment services in the nature of a live musical performances; entertainment services in the nature of visual and audio performances by a musical artist; entertainment, namely, live music concerts; entertainment in the nature of live traveling tours by a musical entertainer; entertainment, namely, personal appearances by a musician and entertainer; entertainment services, namely, live and televised appearances by an artist and professional entertainer; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos; entertainment services, namely, providing non-downloadable prerecorded music, all online via a global computer network; entertainment services, namely, presenting non-downloadable pre-recorded music, video and graphics to mobile communications devices via a global computer network and wireless 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.
ASSISTANCE
How to respond. Click to file a response to this nonfinal Office action
/Julie M. Guttadauro/
Julie M. Guttadauro
Examining Attorney
Law Office 106
(571) 272-5875
julie.guttadauro@uspto.gov
RESPONSE GUIDANCE