To: | Oomph Inc. (jas@oomph.tv) |
Subject: | U.S. Trademark Application Serial No. 88646756 - OOMPH - N/A |
Sent: | January 13, 2020 02:19:36 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88646756
Mark: OOMPH
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Correspondence Address:
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Applicant: Oomph 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: January 13, 2020
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.
NO CONFLICTING MARKS FOUND
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 THAT APPLICANT MUST ADDRESS
IDENTIFICATION OF GOODS
Applicant may adopt the following wording, if accurate:
Downloadable computer software for video creators to monitor and analyze video and channel performance; downloadable software that enables video creators to view, filter, and respond to video comments, receive notifications, update video details, and manage playlists; downloadable mobile application software providing ongoing children's programs featuring a wide range of information on topics of interest to children and their parents and caregivers; downloadable computer software for broadcasting, electronic transmission, and streaming of gaming digital media content; downloadable computer software for playing and recording music; downloadable computer software for transmitting, streaming, and downloading music, video, and audiovisual content, namely, music, videos and movies; downloadable software that provides music, video, and audiovisual content in the field of entertainment via a subscription service that may be downloaded from a global computer network, in International Class 9.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. 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.
TEAS PLUS STATUS LOST – FEE REQUIRED
Applicant filed a TEAS Plus application that identified one or more goods and/or services from the USPTO’s U.S. Acceptable Identification of Goods and Services Manual (ID Manual) that used a fill-in-the-blank format. However, applicant inserted wording in the identification that is clearly inappropriate or unrelated to the preceding goods and/or services. At the time of filing, a TEAS Plus application must include an identification of goods and/or services from the ID Manual. TMEP §819.01(g); see 37 C.F.R §2.22(a)(8). By inserting inappropriate wording, applicant has, in effect, failed to submit an identification from the ID Manual. See TMEP §819.01(g).
Because applicant has not satisfied all the TEAS Plus application filing requirements, applicant must submit an additional processing fee of $125 per class. See 37 C.F.R §§2.6(a)(1)(v), 2.22(c); TMEP §819.04. The additional fee is required even if applicant later satisfies this requirement by deleting the unacceptable wording in the identification. TMEP §819.01(g).
HOW TO RESPOND TO THIS OFFICE ACTION
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.
ASSISTANCE
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.
/Tarah Hardy Ludlow/
Examining Attorney
Law Office 110
(571) 272-9361
tarah.hardy@uspto.gov
RESPONSE GUIDANCE