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:  March 23, 2020

 

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 Results: No Conflicting Marks

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Summary of Issues:

 

• Requirement: Identification & Classification of Goods & Services Clarification
• Advisory: Multiple-Class Application Requirements

 

Requirement: Identification & Classification of Goods & Services Clarification

 

First, the identification of goods is indefinite and must be clarified because some of the wording is too broad making the nature of the goods identified unclear and could include goods and services in multiple international classes.  Applicant must clarify the identification by specifying the type of goods and/or services and classifying the goods and services in the appropriate international classes as is shown in the suggested identification below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Second, applicant has included the term “and/or” or “or” in the identification of goods and services.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services.

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Third, the identification for software in International Class 9 is indefinite and too broad and must be clarified to specify whether the format is downloadable, recorded, or online non-downloadable.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class 42.  See TMEP §1402.03(d).

 

Fourth, the identification for game software and computer game programs in International Class 9 is indefinite and too broad and must be clarified to specify whether its format is downloadable, recorded, or online non-downloadable.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is an entertainment service in International Class 41.  See TMEP §1402.03(d).   

 

The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).

 

Suggested Identification

 

Instructions and suggested changes are shown in bold text.  Applicant may adopt the following identification, if accurate: 

 

IC 9: Electronic books in the fields of music and musical entertainment, recorded on computer media; Electronic books in the fields of performing and visual arts, recorded on computer media; Electronic books in the nature of novels, recorded on computer media; Electronic books in the nature of graphic novels, recorded on computer media; Electronic books featuring fiction, recorded on computer media; Downloadable e-books in the fields of music and musical entertainment; Downloadable e-books in the fields of performing and visual arts; Downloadable electronic books in the fields of music and musical entertainment; Downloadable e-books, namely, novels; Downloadable e-books, namely, graphic novels; Downloadable e-books featuring fiction; Downloadable electronic books in the fields of performing and visual arts; Downloadable electronic books in the nature of novels; Downloadable electronic books in the nature of graphic novels; Downloadable electronic books featuring fiction; Audio books in the fields of music and musical entertainment; Audio books in the fields of performing and visual arts; Audio books featuring novels; Audio books featuring fiction; Books on tape, namely, audio books, in the fields of music and musical entertainment; Books on tape, namely, audio books, in the fields of performing and visual arts; Books on tape, namely, audio books featuring novels; Books on tape, namely, audio books featuring fiction; Electronic literary publications, namely, books, booklets and book excerpts, in the fields of music and musical entertainment, recorded on computer media; Electronic literary publications, namely, books, booklets and book excerpts, in the fields of performing and visual arts, recorded on computer media; Electronic literary publications, namely, books, booklets and book excerpts featuring novels, recorded on computer media; Electronic literary publications, namely, books, booklets and book excerpts featuring graphic novels, recorded on computer media; Electronic literary publications, namely, books, booklets and book excerpts featuring fiction, recorded on computer media; Downloadable literary publications, namely, books, booklets and book excerpts, in the fields of music and musical entertainment; Downloadable literary publications, namely, books, booklets and book excerpts, in the fields of performing and visual arts; Downloadable literary publications, namely, books, booklets and book excerpts featuring novels; Downloadable literary publications, namely, books, booklets and book excerpts featuring graphic novels; Downloadable literary publications, namely, books, booklets and book excerpts featuring fiction; Digital literary publications, namely, books, booklets and book excerpts, in the fields of music and musical entertainment, recorded on computer media; Digital literary publications, namely, books, booklets and book excerpts, in the fields of performing and visual arts, recorded on computer media; Digital literary publications, namely, books, booklets and book excerpts featuring novels, recorded on computer media; Digital literary publications, namely, books, booklets and book excerpts featuring graphic novels, recorded on computer media; Digital literary publications, namely, books, booklets and book excerpts featuring fiction, recorded on computer media; Excerpts from electronic books, in the fields of music and musical entertainment, recorded on computer media; Excerpts from electronic books, in the fields of performing and visual arts, recorded on computer media; Excerpts from electronic books featuring novels, recorded on computer media; Excerpts from electronic books featuring graphic novels, recorded on computer media; Excerpts from electronic books featuring fiction, recorded on computer media; Downloadable book excerpts in the fields of music and musical entertainment; Downloadable book excerpts in the fields of performing and visual arts; Downloadable book excerpts featuring novels; Downloadable book excerpts featuring graphic novels; Downloadable book excerpts featuring fiction; Digital book excerpts, in the fields of music and musical entertainment, recorded on computer media; Digital book excerpts, in the fields of performing and visual arts, recorded on computer media; {specify the format of the digital book excerpts, e.g., downloadable} digital book excerpts featuring novels; {specify the format of the digital book excerpts, e.g., downloadable}  digital book excerpts featuring graphic novels; {specify the format of the digital book excerpts, e.g., downloadable} digital book excerpts featuring fiction; Electronic publications, namely, books, booklets and book excerpts, in the fields of music and musical entertainment, recorded on computer media; Electronic publications, namely, books, booklets and book excerpts, in the fields of performing and visual arts, recorded on computer media; Electronic publications, namely, books, booklets and book excerpts featuring novels, recorded on computer media; Electronic publications, namely, books, booklets and book excerpts featuring graphic novels, recorded on computer media; Electronic publications, namely, books, booklets and book excerpts featuring fiction, recorded on computer media; Downloadable multi-media files featuring literary works in the fields of music and musical entertainment; Downloadable multi-media files featuring literary works in the fields of performing and visual arts; Downloadable multi-media files featuring novels; Downloadable multi-media files featuring graphic novels; Downloadable multi-media files in the nature of books, booklets and book excerpts featuring fiction; Downloadable multi-media files relating to literary works in the fields of music and musical entertainment; Downloadable multi-media files relating to literary works in the fields of performing and visual arts; Downloadable multi-media files relating to novels; Downloadable multi-media files relating to graphic novels; Downloadable multi-media files in the nature of books, booklets and book relating to literary works featuring fiction; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings featuring literary works in the fields of music and musical entertainment; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings featuring literary works in the fields of performing and visual arts; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings featuring novels; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings featuring graphic novels; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings featuring fiction; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings relating to literary works in the fields of music and musical entertainment; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings relating to literary works in the fields of performing and visual arts; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings relating to novels; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings relating to graphic novels; Digital media, namely, pre-recorded digital discs, downloadable audio files and downloadable audio recordings relating to literary works featuring fiction; Downloadable video recordings featuring literary works in the fields of music and musical entertainment; Downloadable video recordings featuring literary works in the fields of performing and visual arts; Downloadable video recordings featuring literary works in the nature of novels; Downloadable video recordings featuring literary works in the nature of graphic novels; Downloadable video recordings featuring fiction; Downloadable video recordings relating to literary works in the fields of music and musical entertainment; Downloadable video recordings relating to literary works in the fields of performing and visual arts; Downloadable video recordings relating to literary works in the nature of novels; Downloadable video recordings relating to literary works in the nature of graphic novels; Downloadable video recordings relating to literary works featuring fiction; Downloadable multi-media content files featuring literary works in the fields of music and musical entertainment; Downloadable multi-media content files featuring literary works in the fields of performing and visual arts; Downloadable multi-media content files featuring literary works in the nature of novels; Downloadable multi-media content files featuring literary works in the nature of graphic novels; Downloadable multi-media content files featuring fiction; Downloadable files featuring multi-media content relating to literary works in the fields of music and musical entertainment; Downloadable files featuring multi-media content relating to literary works in the fields of performing and visual arts; Downloadable multi-media content files relating to literary works in the nature of novels; Downloadable multi-media content files relating to literary works in the nature of graphic novels; Downloadable multi-media content files relating to literary works fiction; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in accessing information about literary works; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in downloading, viewing and streaming computer media and content featuring literary works; {specify the format of the software, e.g., downloadable} computer application software for mobile application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in downloading, viewing and streaming computer media and content featuring literary works; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in downloading, viewing and streaming computer media and content relating to literary works; Downloadable electronic publications in the nature of songbooks and sheet music; Musical sound recordings; Series of musical sound recordings; Audio recordings featuring music and musical entertainment; Musical video recordings; Video recordings featuring music and musical entertainment; Digital media, namely, pre-recorded digital discs, downloadable audio files, downloadable audio recordings, and downloadable video recordings featuring music and musical entertainment; Digital media, namely, pre-recorded digital discs, downloadable audio files, downloadable audio recordings, and downloadable video recordings featuring entertainment in the nature of stage performances by a musical artist and entertainer; Digital music downloadable from the Internet; Downloadable musical sound recordings; Downloadable music files; Downloadable musical video recordings; Digital media, namely, downloadable multi-media files featuring music and musical entertainment; Downloadable multi-media content containing images, graphics, artwork, text, hypertext, audio and video featuring music and musical entertainment; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in accessing information about a musical artist; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in downloading and streaming audio and video recordings featuring musical entertainment; {specify the format of the software, e.g., downloadable} computer application software for mobile electronic devices, namely, {specify the format of the software, e.g., downloadable} software for use in downloading, uploading, viewing and streaming multimedia content containing images, graphics, photographs, artwork, text, hypertext, audio and video; {specify the format of the software, e.g., downloadable} computer software for use in uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer, wireless, and global communication networks; {specify the format of the software, e.g., downloadable} computer software for use in collecting, editing, organizing, modifying, transmitting, storing and sharing of data and information; {specify the format of the software, e.g., downloadable} computer software for voice, data and image transmission; {specify the format of the software, e.g., downloadable} computer software for sharing information on social media; {specify the format of the software, e.g., downloadable} computer software for use in social networking; {specify the format of the game programs, e.g., recorded} electronic game programs; Downloadable electronic game programs; {specify he format of the computer graphics software, e.g., recorded, downloadable} computer graphics software; Downloadable computer graphics; Downloadable graphics for mobile telephones; Downloadable graphics for handheld computers, tablet computers, electronic book readers, portable computers and portable music players; Downloadable ring tones for mobile telephones; Bags specifically adapted for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers, portable music players and portable speakers; Cases for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers, portable music players and portable speakers; Fitted protective covers specifically adapted for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers, portable music players and portable speakers; Fitted protective skins for mobile telephones, handheld computers, tablet computers, electronic book readers, and portable computers; Stands adapted for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players; {specify the type of grips, e.g., hand, anti-slip silicone} grips adapted for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players; Devices for hands-free use of mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players; Mobile telephone accessories, namely, belt clips; Straps for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers, portable music players and portable speakers; Accessories for mobile telephones and electronic devices in the nature of {specify the type of electrical devices, e.g., cameras, computers, portable music players}, namely, headphones, earphones, headsets, audio speakers, amplifiers, electrical adapters, battery chargers and monopods; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases and earphone extension cords; Earphones; Headphones; Audio speakers; Wireless speakers; Amplifiers; Battery chargers; Electrical plugs; Decorations for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players, namely, charms and electric plugs; Decorative charms for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers or portable music players; Decorative electric plugs for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players; Compact, video, and laser disc storage containers; Compact, video, and laser disc storage cases; Storage boxes specifically adapted for storing compact, video, and laser discs; Compact, video, and laser disc storage wallets; Containers specifically adapted for holding CDs, DVDs and other electronic media, namely, {specify the type of electronic media, e.g., USB flash drives}; Sunglasses; Novelty sunglasses; Cases for sunglasses; Lanyards for sunglasses; Sunglass chains; Sunglass cords; Eye glasses; Novelty eyeglasses; Cases for eyeglasses; Lanyards for eyeglasses; Eyeglass chains; Eyeglass cords; Eyewear accessories, namely, straps, neck cords and head straps that restrain eyewear from movement on a wearer; Magnetically encoded gift cards

 

IC 16: Books, namely, novels; Books, namely, graphic novels; A series of fiction works, namely, novels and books; Literary publications, namely, novels; Literary publications, namely, graphic novels; Printed publications, namely, novels; Printed publications, namely, graphic novels; Printed music books; Music score books; Printed sheet music; Song books; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets in the fields of performing and visual arts; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets, in the field of music; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets, in the field of entertainment; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets relating to a musical artist and an entertainer; Printed publications, namely, event programs; Printed publications, namely, souvenir programs relating to musical and entertainment events; Blank journals; Blank writing journals; Notebooks; Notepads; Note paper; Writing paper; Writing paper pads; Folders; Envelopes; Stationery; Stationery kits comprised of notebooks, writing instruments and stickers; Stickers; Decals; Wall decals; Wall stickers; Decals and stickers for use as home décor; Removable tattoo transfers; Temporary tattoo transfers; Art prints; Framed art prints; Lithographic prints; Photographic prints; Pictorial prints; Prints; Lithographs; Photographs; Posters; Calendars; Art paper; Arts and crafts paint kits; Painting palettes; Paint boxes for use in schools; Drawing boards; Artists' brushes; Paint brushes; Painters' brushes; Artists' pens; Pens; Pencils for painting and drawing; Crayons; Colored pencils; Pencils; Chalks; Ink stamps; Rubber stamps; Stamp inks; Stamp pads; Stencils; Stencil cases; Writing implements; Writing instruments; Erasers; Pouches for writing instruments; Pen and pencil cases; Pen and pencil boxes; Pen and pencil holders; Desktop organizers; Boxes of paper or cardboard; Stationery boxes; Coasters of paper or cardboard; Party ornaments of paper or cardboard; Gift bags; Gift-wrapping paper; Paper gift bag tags; Paper hang tags; Cardboard hang tags; Paper napkins; Disposable napkins; {specify the type of banners, e.g., paper and cardboard} banners; Paper party decorations; Paper tablecloths; Greeting cards; Holiday cards; Christmas cards; Invitation cards; Printed invitations; Paper gift cards; Non-magnetically encoded gift cards

 

IC 22: Earphone cord management systems comprised of {specify the primary components of the earphone cord management systems, e.g., rubber cable ties and straps for fastening and securing earphone cords}

 

IC 24: {Specify the type of banners, e.g., textile, cloth, vinyl, plastic} banners

 

IC 25: Tops as clothing; Tops for men and women, as clothing; Tops for children and adults, as clothing; Athletic tops for men and women, as clothing; Athletic tops for children and adults, as clothing; Tank tops; T-shirts; Shirts; Short-sleeve shirts; Long-sleeve shirts; Jerseys; Sweaters; Sweatshirts; Pullovers; Hooded pullovers; Bottoms as clothing; Bottoms for men and women, as clothing; Bottoms for children and adults, as clothing; Athletic bottoms for men and women, as clothing; Athletic bottoms for children and adults, as clothing; Pants; Jeans; Sweatpants; Shorts; Skirts; Dresses; Coats; Jackets; Ponchos; Vests; Loungewear; Lounge pants; Sleepwear; Pajamas; Bathrobes; Aprons; Swimwear; {specify the type of cover-ups, e.g., beach} cover-ups; Belts; Gloves; Scarves; Shawls; Neckties; Bandanas; Hats; Caps with visors; Caps being headwear; Headwear; Headbands; Hosiery; Footwear; Shoes

 

IC 26: Decorations for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players, namely, charms; Decorative charms for mobile telephones, handheld computers, tablet computers, electronic book readers, portable computers and portable music players

 

IC 28: {Specify the type of banners, e.g., exercise and gymnastic} banners

 

IC 41: Non-downloadable electronic publications in the nature of novels; Non-downloadable electronic publications in the nature of graphic novels; Non-downloadable electronic publications, namely, books, booklets and book excerpts in the fields of music and musical entertainment; Non-downloadable electronic publications, namely, books, booklets and book excerpts in the fields of performing and visual arts; Non-downloadable electronic publications, namely, books, booklets and book excerpts featuring novels; Non-downloadable electronic publications, namely, books, booklets and book excerpts featuring graphic novels; Non-downloadable electronic publications in the nature of books, booklets and book excerpts featuring fiction; Providing non-downloadable electronic publications, namely, books, booklets and book excerpts in the fields of music and musical entertainment; Providing non-downloadable electronic publications, namely, books, booklets and book excerpts in the fields of performing and visual arts; Providing non-downloadable electronic publications, namely, books, booklets and book excerpts featuring novels; Providing non-downloadable electronic publications, namely, books, booklets and book excerpts featuring graphic novels; Providing non-downloadable electronic publications, namely, books, booklets and book excerpts featuring fiction; Providing non-downloadable digital content in the nature of books, booklets and book excerpts in the fields of music and musical entertainment; Providing non-downloadable digital content in the nature of books, booklets and book excerpts in the fields of performing and visual arts; Providing non-downloadable digital content in the nature of books, booklets and book excerpts featuring novels; Providing non-downloadable digital content in the nature of books, booklets and book excerpts featuring graphic novels; Providing non-downloadable digital content in the nature of books, booklets and book excerpts featuring fiction; Providing non-downloadable electronic multi-media content in the nature of images, graphics, artwork, text, hypertext, audio and video, in the fields of music and musical entertainment; Providing non-downloadable electronic multi-media content in the nature of images, graphics, artwork, text, hypertext, audio and video, in the fields of performing and visual arts; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings and audio-visual recordings, in the fields of music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings and audio-visual recordings, in the fields of performing and visual arts; Providing entertainment information relating to the publishing of literary publications; Providing entertainment information relating to the publishing of literary publications via global communications networks; Entertainment services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Providing a website featuring non-downloadable multi-media content, audio recordings, video recordings and audio-visual content, in the fields of entertainment, music and musical entertainment; Providing a website featuring non-downloadable multi-media content, audio recordings, video recordings, and audio-visual content, relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Providing a website featuring news and non-downloadable articles relating to music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Providing non-downloadable electronic publications in the nature of articles in the fields of music and musical entertainment; Providing non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Educational services, namely, live and online programs in the fields of the arts, entertainment, literature, music, musical entertainment and topics of general interest, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing {specify the type of programs, e.g., educational} programs, classes, {specify the type of conferences, e.g., educational} conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of the arts, entertainment, literature music and musical entertainment, and distribution of materials in connection therewith; Providing non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of the arts, entertainment, literature, music and musical entertainment; Providing instruction in the fields of the arts, entertainment, literature, music and musical entertainment via global communication networks; Providing non-downloadable prerecorded music via global communications networks; Providing non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, news, photographs, and other information and multi-media materials relating to a musical artist; On-line journals in the nature of blogs in the fields of music and entertainment; On-line journals in the nature of blogs relating to a musical artist and entertainer; On-line journals in the nature of blogs relating to literary publications; On-line journals in the nature of blogs on the topics of general human interest; Providing temporary use of non-downloadable computer games; Providing temporary use of non-downloadable electronic games; Online electronic newsletters delivered by e-mail in the fields of music and entertainment; Online electronic newsletters delivered by e-mail relating to a musical artist and entertainer; Online electronic newsletters delivered by e-mail in the field of the arts; Online electronic newsletters delivered by e-mail in the field of literature; Online electronic newsletters delivered by e-mail in the field of literary publications; Online electronic newsletters delivered by e-mail on the topics of general human interest; Arranging and conducting contests and sweepstakes for entertainment purposes; Arranging and conducting contests and sweepstakes services provided via global communications networks for entertainment purposes; Fan club services; Providing online non-downloadable digital book excerpts featuring novels; Providing online non-downloadable  digital book excerpts featuring graphic novels; Providing online non-downloadable digital book excerpts featuring fiction; Providing online non-downloadable electronic game programs

 

IC 42: Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in accessing information about literary works; Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in downloading, viewing and streaming computer media and content featuring literary works; Providing temporary use of on-line non-downloadable computer application software for mobile application software for mobile electronic devices, namely, software for use in downloading, viewing and streaming computer media and content featuring literary works; Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in downloading, viewing and streaming computer media and content relating to literary works; Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in accessing information about a musical artist; Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in downloading and streaming audio and video recordings featuring musical entertainment; Providing temporary use of on-line non-downloadable computer application software for mobile electronic devices, namely, software for use in downloading, uploading, viewing and streaming multimedia content containing images, graphics, photographs, artwork, text, hypertext, audio and video; Providing temporary use of on-line non-downloadable computer software for use in uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer, wireless, and global communication networks; Providing temporary use of on-line non-downloadable computer software for use in collecting, editing, organizing, modifying, transmitting, storing and sharing of data and information; Providing temporary use of on-line non-downloadable computer software for voice, data and image transmission; Providing temporary use of on-line non-downloadable computer software for sharing information on social media; Providing temporary use of on-line non-downloadable computer software for use in social networking; Providing temporary use of on-line non-downloadable computer graphics software

 

Identification Advisories

 

If applicant adopts the suggested amendment of the goods and services, then applicant must amend the classification to International Classes 9, 16, 22, 24, 25, 26, 28, 41, and 42.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

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.

 

Advisory: Multiple-Class Application Requirements

 

The application identifies goods and services that are classified in at least 9 classes; however, applicant submitted fees sufficient for only 4 classes.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.  For more information about adding classes to an application, see the Multiple-class Application webpage.

 

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.

 

The application identifies goods and 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 fees already paid (view the USPTO’s current fee schedule).  The application identifies goods and services that are classified in at least 9 classes; however, applicant submitted fees sufficient for only 4 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

 

For 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, see the Multiple-class Application webpage.

 

The USPTO changed the federal trademark rules to eliminate the TEAS RF application, which is now considered a “TEAS Standard” application.  See 37 C.F.R. §2.6(a)(iii).  The fee for adding classes to a TEAS Standard application is $275 per class.  See id.  For more information about these changes, see the Mandatory Electronic Filing webpage.

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

Office action questions. Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

/Tina Brown/

Trademark Examining Attorney

Law Office 118

E: tina.brown@uspto.gov

T: 571-272-8864

 

 

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 March 23, 2020 for

U.S. Trademark Application Serial No. 88746384

 

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. 

 

 

/Tina Brown/

Trademark Examining Attorney

Law Office 118

E: tina.brown@uspto.gov

T: 571-272-8864

 

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 March 23, 2020, 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.”