To: | SHANGHAI MOONTON TECHNOLOGY CO., LTD (trademarks@dbllawyers.com) |
Subject: | U.S. Trademark Application Serial No. 88666723 - MOBILE LEGENDS BANG BANG - 53666 |
Sent: | February 03, 2020 05:56:18 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88666723
Mark: MOBILE LEGENDS BANG BANG
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Correspondence Address: |
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Applicant: SHANGHAI MOONTON TECHNOLOGY CO., LTD
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Reference/Docket No. 53666
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: February 03, 2020
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.
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).
Please note: the application may be suspended as appropriate pending the resolution of Opposition No. 91238199 regarding applicant’s prior-filed pending applications.
IDENTIFICATION OF GOODS AND SERVICES AMENDMENT REQUIRED
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
Applicant may substitute the following wording, if accurate (change indicated in bold):
“Production of video and computer game software; Publication of video games; Entertainment services, namely, providing online video games; Gaming services in the nature of online computer game tournaments; Arranging and conducting live competitions, exhibitions and tournaments featuring video games; Organization of video game competitions, exhibitions and tournaments; Providing online multiplayer interactive computer and video games; Providing online non-downloadable comics” in Class 41.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may substitute the following wording, if accurate (change indicated in bold):
“Video game development services; Video game programming development services; Computer programming of video games; Designing and developing computer game software and video game software for use with computers, video game program systems and computer networks; Computer software design and development in the field of video games” in Class 42.
Class 9 is acceptable as written.
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.
DISCLAIMER REQUIRED
In this case, applicant must disclaim the wording “MOBILE” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
This wording appears in/is encompassed by applicant’s identification of goods and services. Thus, the wording merely describes applicant’s goods and/or services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “MOBILE” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
MARK DESCRIPTION AMENDMENT REQUIRED
The following description is suggested, if accurate:
The mark consists of the stylized words "MOBILE LEGENDS BANG BANG" with "MOBILE LEGENDS" above an elongated hexagonal box with the words “BANG BANG” appearing in the box; all of which appears in front of a stylized shield with five blades protruding from behind the upper corners of the shield with a beam of light emanating from the center of the letter "O", and a glow of light emanating from the point at the top of the shield above the letters "OB" in “MOBILE”.
CONTACT INFORMATION
How to respond. Click to file a response to this nonfinal Office action.
/Molly Segal/
Molly Segal
Trademark Examining Attorney
Law Office 105
(571) 272-6490
Molly.Segal@uspto.gov
RESPONSE GUIDANCE