To: | JOKER, INC. (USPTO@MATTEL.COM) |
Subject: | U.S. Trademark Application Serial No. 88620183 - PINGU - N/A |
Sent: | December 17, 2019 12:18:06 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. 88620183
Mark: PINGU
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Correspondence Address: |
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Applicant: JOKER, INC.
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Reference/Docket No. N/A
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 17, 2019
INTRODUCTION
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).
CLASSIFICATION AND IDENTIFICATION OF GOODS AND SERVICES
The application provides for “ENTERTAINMENT SERVICES, NAMELY, PROVIDING ONLINE COMPUTER GAMES AND PROVIDING A WEBSITE FEATURING NON-DOWNLOADABLE PHOTOS AND NON-DOWNLOADABLE VIDEOS, AND INFORMATION IN THE FIELD OF TOYS, GAMES AND CHILDREN'S ENTERTAINMENT; ALL OF THE FOREGOING SERVICES EXCLUDING GOLF RELATED SERVICES” in class 41.
Applicant’s inclusion of “INFORMATION IN THE FIELD OF TOYS, GAMES AND CHILDREN'S ENTERTAINMENT” is vague and cannot be properly classified. Note that providing information in a particular field is classified according to the nature of the information (e.g., business (35), travel (39), health (44) or the service-related subject matter in such a way that it may be classified, e.g., automobile repair (37), hotel services (43), hockey games (41)).
In this instance, the wording “toys” is indefinite and broad because it does not specify the type or nature of the information (e.g., consumer information (35), toy safety (45), etc.).
Also, applicant’s provision of non-downloadable photos and videos must be further specified, e.g., the field or subject matter of the videos.
Applicant may substitute the following wording, if accurate:
Class 35 (new class): Providing consumer information in the field of toys
Class 41: Entertainment services, namely, providing online computer games and providing a website featuring non-downloadable photographs and non-downloadable videos in the field of {applicant must specify the field or subject matter of the photos and videos}, and information in the field of electronic computer games and children's entertainment; all of the foregoing services excluding golf related services
Multiple-Class Application Advisory. Please note, if applicant includes additional classes in response to this requirement, applicant must also comply with the multiple-class application requirements provided herein.
ID Manual. 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 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(s) 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(s) sufficient for only 1 class(es). 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.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
/Jeane Yoo/
Jeane Yoo
Examining Attorney
Law Office 120
(571) 272-5021
Jeane.Yoo@uspto.gov
RESPONSE GUIDANCE