To: | PEACOCK TV LLC (TM-CT@cantorcolburn.com) |
Subject: | U.S. Trademark Application Serial No. 88616945 - PEACOCK - xxx0493TUS |
Sent: | December 18, 2019 11:03:07 AM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88616945
Mark: PEACOCK
|
|
Correspondence Address: |
|
Applicant: PEACOCK TV LLC
|
|
Reference/Docket No. xxx0493TUS
Correspondence Email Address: |
|
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 18, 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 December 17, 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 “providing non-downloadable software for searching, organizing, and recommending multimedia content;” “hosting and maintaining an online community featuring audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos;” and “providing programmatic interfaces for third parties to access website content and data” because it is indefinite.
Specifically, applicant must specify whether its software is provided online and/or for temporary use.
“[H]osting and maintaining an online community…” does not describe what the applicant provides. Does applicant host and maintain a website, digital content, or does applicant offer server hosting services for an online community?
“[Providing] programmatic interfaces” does not describe with enough detail what services, exactly, applicant provides.
Applicant may substitute the following wording, if accurate (suggestions in bold): “Providing temporary use of non-downloadable software for streaming live and pre-recorded audio-visual and multimedia content to mobile electronic devices; providing temporary use of non-downloadable software for searching, organizing, and recommending multimedia content; hosting of digital content on the Internet; hosting and maintaining a website featuring audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing temporary use of programmatic interface software for third parties to access website content and data.”
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.
How to respond. Please call or email the examiner to resolve the issues above, or click to file a response to this nonfinal office action.
Examining Attorney
Law Office 122
571.272.5153
jillian.michaud-king@uspto.gov
RESPONSE GUIDANCE