To: | Loop Media, Inc. (trademark@leydig.com) |
Subject: | U.S. Trademark Application Serial No. 88581994 - LOOP - 744785 |
Sent: | November 19, 2019 09:57:22 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88581994
Mark: LOOP
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Correspondence Address:
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Applicant: Loop Media, Inc.
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Reference/Docket No. 744785
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: November 19, 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 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).
PLEASE NOTE: Applicant is encouraged to email the trademark examining attorney to resolve the issues raised below by authorizing an examiner’s amendment. The Applicant may provide the serial number of the application and the following response: “I authorize the amendment(s) as suggested.” paul.moreno@uspto.gov
Applicant must respond to the following requirements.
IDENTIFICATION OF GOODS/SERVICES
GENERAL GUIDELINES
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" or "products," such words must be followed by "namely," followed by a list of the specific goods identified by their common commercial or generic names. See TMEP §§1402.01, 1402.03(a).
In the identification of services, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a). If applicant uses indefinite words and phrases such as "services in connection with," "such as," "including," "and like services," "concepts," or "not limited to," such wording must be followed by "namely," and a list of the specific services identified by their common commercial or generic names. See id.
Applicant may amend the identification to list only those items that are within the scope of the goods/services set forth in the application or within the scope of a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.
Unacceptable identification
PLEASE NOTE: Recommended changes and suggestions to applicant’s identification have been highlighted in bold. If the recommended changes and suggestions contain brackets, applicant must remove any brackets from the identification and incorporate the bracketed information into the amended description.
Class 009
Applicant filed the following identification:
“Computer application software for mobile phones and portable devices, namely, software and downloadable mobile applications enabling users to select audio, video, movies, video game trailers, television programs, music, and multimedia content for broadcast or streaming over connected telecommunications networks, computer networks, the Internet, and wireless communications networks”
Some of the wording in the identification of goods and/or services above is indefinite and must be clarified because the exact nature of the goods and/or services is unclear. See TMEP §§1402.01, 1402.03. Applicant must specify the common commercial or generic name for the goods and/or services. If there is no common commercial or generic name, applicant must describe the goods and/or services, the intended consumer as well as its main purpose, channels of trade and intended uses.
Specifically, the nature of the goods/services requires further specification to ensure appropriate classification.
The following substitute identification with amended wording is suggested, if appropriate:
“Downloadable computer application software for mobile phones and portable devices, namely, software and downloadable mobile application software for enabling users to select audio, video, movies, video game trailers, television programs, music, and multimedia content for broadcast or streaming over connected telecommunications networks, computer networks, the Internet, and wireless communications networks” in Class 009
Note:
1. Applicant is encouraged to reference the Manual of Acceptable Identifications of Goods and Services for common commercial names. http://tess2.gov.uspto.report/netahtml/tidm.html.
2. Under Nice 11-2019, computer software must be specified as “downloadable” and/or “recorded” to clarify the nature of the goods.
Class 038
Identification acceptable as filed.
Class 041
Applicant filed the following identification:
“providing specially programmed background non-downloadable multimedia programming for retail establishments, public areas, home, and commercial establishments via an Internet website portal and mobile phone apps and software; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio, movies, video game trailers, television programs, and video programs; Custom music programming services; Provision of non-downloadable music, video, audio, television programs, movies, and video game trailers via a video-on-demand services; Production of programmed multimedia content and video displays, including music, video, audio, television programs, movies, video game trailers, for subscribers”
Some of the wording in the identification of goods and/or services above is indefinite and must be clarified because the exact nature of the goods and/or services is unclear. See TMEP §§1402.01, 1402.03. Applicant must specify the common commercial or generic name for the goods and/or services. If there is no common commercial or generic name, applicant must describe the goods and/or services, the intended consumer as well as its main purpose, channels of trade and intended uses.
Specifically, the nature of the goods/services requires further specification to ensure appropriate classification.
The following substitute identification with amended wording is suggested, if appropriate:
“Entertainment services, namely, providing specially programmed background non-downloadable multimedia programming featuring {specify subject matter, e.g., music, audio, movies, video game trailers, television programs, and video programs} for retail establishments, public areas, home, and commercial establishments distributed via an Internet website portal and mobile phone apps and software; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio, movies, video game trailers, television programs, and video programs; Custom music programming services; Entertainment services, namely, providing non-downloadable prerecorded, video, audio, television programs, movies, and video game trailers via a video-on-demand services; Production of programmed multimedia content and video displays, namely, music, video, audio, television programs, movies, video game trailers, for subscribers” in Class 041
Note:
1. Applicant is encouraged to reference the Manual of Acceptable Identifications of Goods and Services for common commercial names. http://tess2.gov.uspto.report/netahtml/tidm.html.
SIGNIFICANCE INQUIRY
Applicant must explain whether “LOOP” has any meaning or significance in the industry in which the goods and/or services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814. Applicant must also explain whether this wording identifies a geographic place. See 37 C.F.R. §2.61(b); TMEP §814.
Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
RESPONSE
Please 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.
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
/Paul A. Moreno/
United States Patent and Trademark Office
Attorney
Law Office 103
571-272-2651
paul.moreno@uspto.gov
RESPONSE GUIDANCE