Offc Action Outgoing

DISENCHANTMENT

Bapper Entertainment, Inc.

U.S. Trademark Application Serial No. 88579355 - DISENCHANTMENT - 382139-1

To: Bapper Entertainment, Inc. (susan.grode@kattenlaw.com)
Subject: U.S. Trademark Application Serial No. 88579355 - DISENCHANTMENT - 382139-1
Sent: October 01, 2019 02:33:09 PM
Sent As: ecom107@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88579355

 

Mark:  DISENCHANTMENT

 

 

 

 

Correspondence Address: 

SUSAN GRODE

KATTEN MUCHIN ROSENMAN LLP

2029 CENTURY PARK EAST

SUITE 2600

LOS ANGELES, CA 90067

 

 

Applicant:  Bapper Entertainment, Inc.

 

 

 

Reference/Docket No. 382139-1

 

Correspondence Email Address: 

 susan.grode@kattenlaw.com

 

 

 

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 01, 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 OF OFFICE’S DATABASE OF 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).

 

SUMMARY OF ISSUES:

 

  • Identification of Goods Requirement

 

IDENTIFICATION OF GOODS REQUIREMENT

 

Applicant identified the following goods:

 

Class 016:       Paper goods and printed matter, namely, comic books and comic strips; a series of fiction books featuring stories and characters in illustrated forms or in text; printed postcards; picture postcards; comic postcards; postcards; trading cards and collectors cards featuring comic book, comic strip, cartoon and action characters; notebooks; binders; decals; stickers; photograph and scrapbook albums; coloring books; folders; desk pads; writing pads; stationery folders, diaries, day planners, greeting cards, paper gift wrap and stationery

 

The wording “trading cards and collectors cards featuring comic book, comic strip, cartoon and action characters” in the identification of goods is indefinite and must be clarified to specify the nature of the “trading cards” and “collectors cards”, as well as paper material they are made of.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Based on applicant’s co-pending applications, suggestions have been limited to International Class 016.

 

Applicant may substitute the following wording, if accurate:

 

Bolded wording has been added to the identification of goods to indicate suggested amendments.

 

Class 016:       Paper goods and printed matter, namely, comic books and comic strips; a series of fiction books featuring stories and characters in illustrated forms or in text; printed postcards; picture postcards; comic postcards; postcards; collectible trading cards and printed collectors cards made primarily of paper featuring comic book, comic strip, cartoon and action characters; notebooks; binders; decals; stickers; photograph and scrapbook albums; coloring books; folders; desk pads; writing pads; stationery folders, diaries, day planners, greeting cards, paper gift wrap and stationery 

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services 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.

 

COMMENTS

 

Applicant may 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. 

 

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  

 

 

/Andrew T. Clark/

Trademark Examining Attorney

Law Office 107

600 Dulany Ave.

Alexandria, VA 22316

(571) 270-7304

andrew.clark@uspto.gov

 

 

RESPONSE GUIDANCE

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

U.S. Trademark Application Serial No. 88579355 - DISENCHANTMENT - 382139-1

To: Bapper Entertainment, Inc. (susan.grode@kattenlaw.com)
Subject: U.S. Trademark Application Serial No. 88579355 - DISENCHANTMENT - 382139-1
Sent: October 01, 2019 02:33:10 PM
Sent As: ecom107@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 01, 2019 for

U.S. Trademark Application Serial No. 88579355

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Andrew T. Clark/

Trademark Examining Attorney

Law Office 107

600 Dulany Ave.

Alexandria, VA 22316

(571) 270-7304

andrew.clark@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 01, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


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