To: | Motion Picture Association, Inc. (IPdocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 88619711 - MPA - 092969-3038 |
Sent: | December 19, 2019 04:29:38 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88619711
Mark: MPA
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Correspondence Address: |
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Applicant: Motion Picture Association, Inc.
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Reference/Docket No. 092969-3038
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: December 19, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF 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).
MARK DESCRIPTION
The following description is suggested, if accurate:
The mark consists of a film reel within two concentric ovals, with a horizontal line going through the oval, with the wording MPA to the right.
IDENTIFICATION & CLASSIFICATION OF SERVICES
The wording “public advocacy to promote awareness of the importance of intellectual property protection, innovation, anti-counterfeiting and anti-piracy programs” in the identification of services is indefinite and must be clarified because it is unclear whether these are primarily promotional services, such as whether the services are in the nature of promoting public awareness by means of public advocacy. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “providing information via a website in the fields of motion picture piracy, illegal duplication of copyrighted materials, the need for protection of copyrighted content, and the technological measures on certain media products” in the identification of services is indefinite and must be clarified because it is unspecified whether the information services are in the nature of providing entertainment information and/or legal or intellectual property information; furthermore, the wording is overbroad, as it could include services in other classes, such as Class 45 intellectual property information. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “arranging, conducting, and organizing business seminars, conferences, and workshops in the field of intellectual property protection, innovation, anti-counterfeiting and anti-piracy programs, and legislation and policies impacting the motion picture industry” in the identification of services is indefinite and must be clarified because it is unspecified whether these conferences and workshops are educational in nature; additionally, the wording is overbroad because it could include services in other classes, such as Class 35 business conferences. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “providing non-downloadable electronic publications in the nature of articles, newsletters, reports, and educational materials related to the motion picture industry, intellectual property protection, innovation, anti-counterfeiting programs, anti-piracy programs, and legislation and policies impacting the motion picture industry” in the identification of services is indefinite and must be clarified because the nature of the “educational materials”, such as whether they are books or brochures, is unspecified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 35: Association services, namely, promoting the interests of member motion picture distributors, and of the motion picture industry generally; public advocacy to promote awareness, namely, promoting public awareness of the importance of intellectual property protection, innovation, anti-counterfeiting and anti-piracy programs, by means of public advocacy;
Class 41: Providing information on motion picture ratings; Providing an online searchable database of entertainment information; providing entertainment information related to sources for legally streaming and downloading motion pictures and television programs; providing news and information about the motion picture industry through a website; arranging, conducting, and organizing business seminars, educational conferences, and educational workshops in the field of intellectual property protection, innovation, anti-counterfeiting and anti-piracy programs, and legislation and policies impacting the motion picture industry; providing non-downloadable electronic publications in the nature of articles, newsletters, reports, and educational books related to the motion picture industry, intellectual property protection, innovation, anti-counterfeiting programs, anti-piracy programs, and legislation and policies impacting the motion picture industry;
Class 45: providing intellectual property information via a website in the fields of motion picture piracy, illegal duplication of copyrighted materials, the need for protection of copyrighted content, and the technological measures on certain media products.
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
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies services that are classified in at least 3 classes; however, applicant submitted a fees sufficient for only 2 classes. 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.
ASSISTANCE
How to respond. Click to file a response to this nonfinal Office action.
/John S. Miranda/
Trademark Examining Attorney, Law Office 120
United States Patent & Trademark Office
571-272-4553
John.Miranda@USPTO.GOV
RESPONSE GUIDANCE
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.