To: | Hanson Media LLC (LSpahn@Shackelford.law) |
Subject: | U.S. Trademark Application Serial No. 88530982 - JH - N/A |
Sent: | October 15, 2019 03:22:53 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88530982
Mark: JH
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Correspondence Address: |
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Applicant: Hanson Media LLC
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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 15, 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 15, 2019, the examining attorney and Lauren Spahn discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
LIVING INDIVIDUAL STATEMENT/CONSENT
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “JH identifies Joe Hanson, a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual(s), as follows: “I, Joe Hanson, consent to the use and registration of my name/initials, JH, as a trademark and service mark with the USPTO.”
For an overview of the requirements pertaining to names appearing in marks, and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) response form, please go to http://www.gov.uspto.report/trademarks/law/consent.jsp.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
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).
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.
I. MODIFIED DESCRIPTION OF THE MARK
The following modified escription of the mark is added to the record:
The mark consists of the stylized, merged letters “JH” with the letter “J” therein formed, in part, by the left stem of the letter “H”. The letters “JH” intersect and form, in part, a single line circle which entirely surrounds the letters creating a continuous, flowing appearance between the letters and the circle.
See 37 C.F.R. §2.37; TMEP §§808 et seq.
II. AMENDMENT TO THE IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services is amended to read as follows:
“Clothing, namely, shirts, T-shirts, short-sleeved or long-sleeved T-shirts, sweatshirts, open-necked shirts, loungewear, shorts, sweatpants, pants, jackets, jackets for adults, outer jackets, tank tops, crop tops, jerseys, long sleeve pullovers, hooded pullovers, and hooded sweat shirts; Caps being headwear; Hats; Headwear; Beanies; Hoods; Head sweatbands; Socks; Bottoms as clothing; Tops as clothing; Tops as clothing for children, adults, men or women” in International Class 25.
“Entertainment services in the nature of live musical stage performances and concerts by a solo recording artist; entertainment, namely production of musical audio recordings and musical video recordings; entertainment services in the nature of personal appearances by a musical artist; entertainment services, namely, fan club services; entertainment services, namely, providing a website featuring information in the field of music and entertainment, including information in the field of entertainment news, and information relating to live musical performances, live musical stage performances, and live music concerts; providing a website featuring non-downloadable photographs relating to the field of music and entertainment” in International Class 41.
See TMEP §§1402.01, 1402.01(e).
/Zhaleh Delaney/
Trademark Attorney
Trademark Law Office 116
(571) 272-9153
Zhaleh.Delaney@uspto.gov
RESPONSE GUIDANCE