To: | Twentieth Century Fox Film Corporation (trademarks@disney.com) |
Subject: | U.S. Trademark Application Serial No. 88531256 - PERFECT HARMONY - N/A |
Sent: | October 09, 2019 03:09:45 PM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88531256
Mark: PERFECT HARMONY
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Correspondence Address: |
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Applicant: Twentieth Century Fox Film Corporation
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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 09, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
DATABASE SEARCH
PRIOR-FILED APPLICATION ADVISORY
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.
AMENDED IDENTIFICATION OF GOODS REQUIRED
The wording “ring tones” in the identification of services is indefinite and must be clarified because it does not specify that they are for mobile phones. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “graphics” in the identification of services is indefinite and must be clarified because it does not specify what media the graphics are for, e.g. mobile phones, the computer etc. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “games” in the identification of services is indefinite and must be clarified because it does not specify that it is downloadable software for computer games. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “music” in the identification of services is indefinite and must be clarified because it does not specify that they music files. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “software” generally in the identification of services is indefinite and must be clarified because it does not specify if the software is either downloadable or recorded. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate (changes in bold):
Class 009: Pre-recorded DVDs featuring a live action television dramedy series; pre-recorded CDs featuring a live action dramedy television series and musical performances; downloadable audio and video recordings featuring a live action television dramedy series; downloadable television shows and video recordings featuring a live action television dramedy series; downloadable ring tones for mobile phones, {specify use of graphics, e.g. computer, mobile phone} graphics, computer desktop wallpaper, computer games software, and music files via a global computer network and wireless devices; Downloadable computer screen saver software; Downloadable computer game and video game software; mousepads; decorative magnets; eye glasses; downloadable mobile software applications for mobile communication devices for use in distribution of digital video, video files, video games, and multimedia content; downloadable gambling software applications
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See TMEP §1402.07(e).
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.
RESPONDING TO THIS OFFICE ACTION
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
/Carolyn R. Detmer/
Carolyn R. Detmer
Examining Attorney
Law Office 127
571-272-2722
carolyn.detmer1@uspto.gov
RESPONSE GUIDANCE