Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  November 26, 2019

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

 

SEARCH RESULTS

 

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).

 

 

SUMMARY OF ISSUES:

 

• Description of Mark Required
• Identification of Goods and Services
• Multiple-Class Application Requirements

 

 

DESCRIPTION OF MARK REQUIRED

 

Applicant must submit an amended description of the mark because the current one uses broad, vague language that does not accurately describe the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Descriptions must be accurate and identify all the literal and design elements in the mark.  See 37 C.F.R. §2.37; TMEP §808.02.  In this case, the description is vague because it refers to the mark as a “miscellaneous design.” 

 

 

The following description is suggested, if accurate:  The mark consists the design of a shield with the stylized letters N, Y, G stacked inside.

 

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods is indefinite and must be clarified because the wording identifies goods and services in several classes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

 

Class 9:           Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football; football helmets; protective helmets for sports; sports helmets; cell phone covers; magnetically encoded charge cards; decorative magnets; prerecorded compact discs and DVDs featuring the sport of football; downloadable video games software and computer game software; computer mouse pads; sunglasses, eyeglass cases; downloadable ring tones via the internet and wireless devices; downloadable graphics featuring content relating to football for use on computers and mobile phones and downloadable music files via a global computer network and wireless devices; decorative refrigerator magnets; video game cartridges and discs and computer game tape cassettes; video game discs and computer game discs; video game tape cassettes and computer game tape cassettes; video game cartridges and computer game cartridges; multimedia software recorded on CD-ROM featuring video games and computer games; cinematographic and television films, namely, motion picture films featuring football

 

 

Class 14:         Jewelry, watches, clocks, earrings, tie pins, bracelets, necklaces, charms for jewelry; rings being jewelry, collectible coins, commemorative coins, non-monetary coins of precious metal, pendants and key chains made of precious metal, charms for jewelry in precious metals or coated therewith, costume jewelry, cuff links, tie clips, decorative boxes made of precious metal, jewelry charms, key chains of precious metals, lapel pins, medals, , precious metal trophies

 

 

Class 16:         Posters; calendars; pictorial prints; series of books relating to football; magazines relating to football; stickers; bumper stickers; printed tickets to sports games and events; souvenir programs for sports events; sports trading cards; notepads; picture postcards; art pictures; stationery; pens and pencils; printed collectible trading cards; collectible trading cards and memorabilia holders specially adapted for holding collectible trading cards; cardboard and paper hangtags; packaging, namely, blister cards, paper for wrapping and packaging; collector albums for sticker collectables; sticker albums; collectable printed photographs; photo albums; photographs; framed art pictures; labels, namely, printed paper labels; folders; paper place mats; paper table mats; paper napkins; paper tablecloths; paper table linens; paper lunch bags; greeting cards; pictures; decals; temporary tattoo transfers; coloring books; children's activity books; notebooks; memo pads; date books; address books; agenda books; markers; pencil sharpeners; pencil cases; rubber stamps; stamp pads; chalk; paper banners; printed paper signs for doors; drawing rulers; erasers, rubber erasers; chalk erasers; blackboard erasers; decorative decals for vehicle windows; vinyl static cling decals relating to football, namely, decals on which football team names, logos, uniforms or events are printed for affixation to windows and windshields; lithographs; paper party bags; stencils for tracing designs onto paper; paper gift wrap; paper cake decorations; paper; indoor ornaments of paper, namely, party ornaments of paper

 

 

Class 26:         Ornamental novelty pins

 

 

 

Class 28:         Toys and sporting goods, namely, plush toys, stuffed animals, toy action figures, toy action figure accessories therefor, cases for action figures, playsets for use with action figures, toy vehicles, dolls, sports balls, golf bags, golf club covers, footballs, board games relating to football, playing cards, jigsaw puzzles, billiard balls, dart boards, toy miniature helmets, toy helmets, toy foam novelty items, namely, foam fingers and hands, hand-held units for playing electronic game other than those adapted for use with an electronic external display screen or monitor, tabletop action skill games; construction toys, Christmas tree decorations; toy spinning tops; arcade games, kites, bobble-head dolls, puppets, card games, toy guitars, toy water guns, doll furniture, party favors in the nature of crackers and noisemakers, skateboards, toy scooters, paper party favors

 

 

Class 35:         Subscription to a television channel, namely, a continuing subscription featuring a video program in the field of sports broadcast over the internet and a continuing subscription featuring an audio program in the field of football broadcast over the internet.

 

Class 38:         Television broadcasting services; television transmission services; cable television broadcasting; radio broadcasting; broadcasting programming on the Internet; information transmission via electronic communications networks; transmission of information through video communication systems; communication services, namely, audio and video broadcasting services over the Internet; broadcasting services and provision of telecommunication access to video and audio content provided via a video on demand service via the Internet and television; streaming of audio material on the Internet; streaming of video material on the Internet; telecommunication services, namely, transmission of podcasts; electronic delivery of images and photos via a global computer network; providing multiple-user access to a global computer information network for the purpose of participating in interactive polling in the field of football; wireless communications services, namely, electronic transmission of information, namely, text, graphics, data, and entertainment information to mobile phones; mobile media services in the nature of electronic transmission of voice, data, images, signals, and message featuring entertainment media content

 

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).

 

 

 

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(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least 7 classes; however, applicant submitted a fee(s) 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.

 

 

 

 

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.    

 

 

/Michele-Lynn Swain/

Examining Attorney

Law Office 116

571-272-9232

michele.swain@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 26, 2019 for

U.S. Trademark Application Serial No. 88624258

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Michele-Lynn Swain/

Examining Attorney

Law Office 116

571-272-9232

michele.swain@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from November 26, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”