To: | PEACOCK TV LLC (TM-CT@cantorcolburn.com) |
Subject: | U.S. Trademark Application Serial No. 88616729 - PEACOCKTV - xxx0442TUS |
Sent: | December 31, 2019 12:25:07 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. 88616729
Mark: PEACOCKTV
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Correspondence Address: |
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Applicant: PEACOCK TV LLC
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Reference/Docket No. xxx0442TUS
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 31, 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.
The wording “operating television networks and channels” is indefinite and misclassified because it is unclear if applicant is referring to the operation of its own networks and channels, which is not a registrable service, or if it refers to the operation of television networks and channels for others, which is a Class 35 service.
Applicant may substitute the following wording, if accurate (suggestions in bold):
CLASS 35: Operation of television networks and channels for others; Subscription to a television channel
CLASS 38: Broadcasting and streaming of live and pre-recorded audio-visual, multimedia, and digital content for others via wireless networks, the Internet, cable, satellite, and global, regional, and local computer networks, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; transmission and delivery of live and pre-recorded audio-visual, multimedia, and digital content for others via wireless networks, the Internet, cable, satellite, and global, regional, and local computer networks; transmission and delivery of voice, data, images, signals, messages, and information; transmission and delivery of non-downloadable and downloadable audio-visual, multimedia, and digital content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music; transmission and delivery of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservers for transmission and delivery of messages and blogs over wireless networks, the Internet, cable, satellite, and global, regional, and local computer networks; providing online electronic bulletin boards for transmission and delivery of messages among users in the field of general interest; web messaging services; providing online forums and listservers for transmission and delivery of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; Providing telecommunication channels in the fields of news, entertainment, sports, comedy, drama, music, and music videos
For assistance with identifying and classifying 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 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 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 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 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