To: | Electronic Virtual Artists, Inc. (pmeles@bellsouth.net) |
Subject: | U.S. Trademark Application Serial No. 88529974 - SEVEN - SEVEN CL9 |
Sent: | October 11, 2019 10:29:00 PM |
Sent As: | ecom117@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88529974
Mark: SEVEN
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Correspondence Address:
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Applicant: Electronic Virtual Artists, Inc.
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Reference/Docket No. SEVEN CL9
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.
SEARCH
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION
Applicant must further clarify wording “Downloadable virtual reality presentations…” in the identification because it is indefinite and must be revised to list intended goods by common commercial name or phrasing that clearly identifies the intended goods for notice and search purposes. See TMEP §§1402.01, 1402.03. Applicant may adopt the following identification(s) in the specified international class(es), if accurate:
Downloadable virtual goods, namely, computer programs featuring virtual artists and disc jockeys for use in online virtual worlds; Downloadable virtual goods, namely, computer programs featuring computer programs being software featuring virtual artists and disc jockeys simulating a live show for use in online virtual worlds; Audio and video recordings featuring music and artistic performances; Computer hardware and recorded software for processing digital music files sold as a unit; Digital music downloadable from the Internet; Downloadable music files; Downloadable musical sound recordings; Downloadable computer programs for processing digital music files; Downloadable ring tones, graphics and music via a global computer network and wireless devices - acceptable as written in class 9
Downloadable virtual reality presentations featuring virtual artists or disc jockeys and their accompanying music via the internet and wireless devices – Suggested amendment: Downloadable virtual reality video recordings featuring virtual artists and their accompanying music via the internet and wireless devices; Downloadable virtual reality video recordings featuring disc jockeys and their accompanying music via the internet and wireless devices
Recorded virtual reality software for presenting a virtual artist and disc jockeys and their digital content - acceptable as written in class 9
Identification Manual
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Amending Identification/Broadening Scope
TO EXPEDITE APPLICATION:
The issue(s) raised may be resolved by telephone. The applicant may telephone the examining attorney at (571) 272-9713 or skye.young@uspto.gov, instead of submitting a written response, to expedite the application.
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
/C. S. Young/
Examining Attorney
(571) 272-9713
skye.young@uspto.gov
RESPONSE GUIDANCE