To: | PEACOCK TV LLC (TM-CT@cantorcolburn.com) |
Subject: | U.S. Trademark Application Serial No. 88616689 - P - xxx0436TUS |
Sent: | December 26, 2019 02:11:28 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88616689
Mark: P
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Correspondence Address: |
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Applicant: PEACOCK TV LLC
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Reference/Docket No. xxx0436TUS
Correspondence Email Address: |
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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: December 26, 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 12/26/2019, the examining attorney and Curtis Krechevsky 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.
Amended Identification of Services Required. This requirement is limited to the services specified herein.
Applicant must clarify the wording “Education and entertainment services, namely, providing, displaying, and showing live and pre-recorded audio-visual content in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring live and pre-recorded audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming preferences; rental of audio-visual works, namely, motion pictures, television programming, videos, music videos, music, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; production and distribution of video and computer game software” because it is indefinite. Some of this wording is also over broad and could identify goods and services in multiple classes.
Specifically, “audio visual content” without further specificity as to the format of such content is indefinite because it is unclear if applicant offers software, motion pictures, tv shows, or music videos.
The wording “Education and entertainment services, namely, providing, displaying, and showing” is indefinite because it is unclear if applicant provides a class 38 transmission service, or a website or publishing service in Class 41.
Content, such as software and videos, provided as a Class 41 service must specify that it is non-downloadable. Downloadable software and videos are Class 9 goods.
“Rental of audio-visual works, namely, motion pictures, television programming, videos, music videos, music, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos” does not specify whether applicant is renting physical recordings or tethered downloads that have conditions limiting the use of the files.
It is unclear whether the “distribution” in “production and distribution of video and computer game software” refers to transportation and delivery of physical goods (a class 39 service), or to publishing of those goods online (a class 41 service).
Applicant may substitute the following wording, if accurate (suggestions in bold):
CLASS 9: Downloadable audio-visual recordings in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; downloadable video and computer game software;
CLASS 41: Education and entertainment services, namely, providing online non-downloadable live and pre-recorded video in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; education and entertainment services, namely, multimedia publishing of live and pre-recorded video in the fields of current event reporting, news, sports, entertainment, comedy, drama, music, and music videos; providing a website featuring non-downloadable live and pre-recorded audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring non-downloadable video and interactive games; providing interactive online games; providing online information via wireless networks, the Internet, and global, regional, and local computer networks, on the subjects of motion pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely, online publication of text, graphics, photographs, images, and audio-visual works of others for streaming or downloading, featuring current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; production and distribution of audio-visual works, namely, motion pictures, television programming, videos, music videos, music, and podcasts, for streaming or downloading in the fields of current event reporting, news, entertainment, sports, comedy, drama, music, and music videos; rental of audio-visual works that may be downloaded from an internet website, namely, motion pictures, videos featuring television programs, videos, music videos, and musical and podcast recordings, in the fields of news, sports, entertainment, comedy, drama, music, and music videos; rental of video games; production and publishing of video and computer game software; providing blogs in the nature of an online journal over the Internet featuring current event reporting, news, entertainment, sports, comedy, drama, music, and music videos.
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
How to respond. Click to file a response to this nonfinal Office action.
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.
Becker, Joseph (Trademark)
/Joseph Becker/
Trademark Examining Attorney, Law Office 117
United States PTO
(571) 270-5493
Joseph.Becker1@uspto.gov
RESPONSE GUIDANCE