To: | PEACOCK TV LLC (TM-CT@cantorcolburn.com) |
Subject: | U.S. Trademark Application Serial No. 88616818 - PEACOCK - xxx0454TUS |
Sent: | January 02, 2020 03:48:37 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. 88616818
Mark: PEACOCK
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Correspondence Address: |
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Applicant: PEACOCK TV LLC
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Reference/Docket No. xxx0454TUS
Correspondence Email Address: |
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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: January 02, 2020
No 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).
However, registration is provisionally refused for the following reason.
Summary of Issues That Applicant Must Address
· Clarification of Identification of Services Required
Clarification of Identification of Services Required
The wording “books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films, television, and sports” in the identification of goods is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, the wording “general entertainment” describes too broad of a subject matter, and applicant must therefore amend this wording to narrow the subject matter or simply delete this broad wording.
Applicant must also clarify the wording “gift cards” because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass “paper gift cards” in Class 16 as well as “magnetically encoded gift cards” in Class 9.
Applicant may substitute the following wording, if accurate:
International Class 9 (added to the application)
Magnetically encoded gift cards
International Class 16
Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general
entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; paper gift cards; gift wrapping paper; globes; greeting cards; guest books; maps;
memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases; photograph albums; posters; writing paper; writing implements
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.
If applicant adopts any of the suggested amendments to the identification of services, then applicant must amend the classification to the proper international classes noted above, i.e., International Classes 9 and 16. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401. See below for discussion of multiple-class application requirements.
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 two classes; however, applicant submitted a fee sufficient for only one 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.
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.
/Troy Knight/
Examining Attorney
Law Office 107
U.S. Patent and Trademark Office
(571) 270-3151
Troy.Knight@USPTO.GOV
RESPONSE GUIDANCE