United States Patent and Trademark Office (USPTO)

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

 

 

 

COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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 27, 2020

 

 

PRIORITY ACTION

 

USPTO database searched; no conflicting marks found.  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.

 

Applicant must address issues shown below.  On March 27, 2020, the examining attorney and Robert Rose discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

 

IMPROPERLY SIGNED APPLICATION

 

Applicant submitted a separate declaration page that included a signature made with document-signing software.  The USPTO cannot accept this because applicant signed it using a method other than one authorized by 37 C.F.R. §2.193(a), (c) (see below in the “Authorized methods for signing a TEAS reponse” for acceptable methods).  A signature created by document-signing software is not a designated signing method.  See 37 C.F.R. §2.193(a), (c); TMEP §§611.01(b), 718.03. 

 

Accordingly, the application was improperly signed, resulting in the application not being properly verified.  See TMEP §804.  Applicant must properly sign and therefore verify the application in an affidavit or signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.2(n), 2.33(a), (b)(2)-(c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii); TMEP §804.02. 

 

The following statements must be verified:  That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true.  37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii). 

 

For more information about the verified statement and instructions on providing one using the online Trademark Electronic Application System (TEAS) response form, see the Verified statement webpage.

 

Authorized methods for signing a Trademark Electronic Application System (TEAS) form.  Applicant must use one of the following methods to sign a TEAS form:

 

(1)        Electronic typed signature.  In the TEAS signature block, the signer personally types any combination of letters, numbers, spaces, and/or punctuation marks that the signer has adopted as a signature, placed between two forward slash (/) symbols (e.g., /john doe/).  And if the filer is not the actual signer of the form, the filer may email the completed unsigned form from within TEAS to the signer to personally type his or her e-signature, after which the form will be automatically returned to the filer for submission.

 

(2)        Pen-and-ink traditional handwritten signature.  The filer prints out the completed form in text format and mails or faxes it to the signer who reviews and personally signs and dates it in the usual pen-and-ink manner.  The signature and date portion, together with the wording of a declaration under 37 C.F.R. §2.20, if required, is then scanned by the filer as a jpg or pdf image file and attached to the form for submission. 

 

See 37 C.F.R. §2.193(a); TMEP §§611.01(c), 804.03. 

 

In all cases, the signer’s first and last name and title or position must be specified.  37 C.F.R. §2.193(d). 

 

 

 

 

EXAMINER’S AMENDMENT

 

Application has been amended as shown below.  As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

.

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows: 

 

“Metal modular homes” in International Class 006.

 

“Musical sound recordings; audio-visual recordings, namely, compact discs, phonograph records, CD-ROMs, DVDs and downloadable MP3 files all featuring music and sound tracks; downloadable musical sound recordings; downloadable video recordings featuring music; downloadable electronic publications in the nature of books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, the arts, fashion, lifestyles, culture, social issues and politics; electronic publications, namely, books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, the arts, fashion, lifestyles, culture, social issues and politics, recorded on CD-ROMs; magnets; decorative magnets; refrigerator magnets; novelty magnets; mouse pads; compact disc cases and covers in the nature of sleeves; face plates for cell phones; jackets for computer discs; fitted cases for storage and transportation, namely, cases for compact discs, DVDs, CD-ROMs, computers, cameras, camcorders and portable phones; computer carrying cases; wrist rests and supports for computer mouse users; wrist rests for computers and computer accessories; computer keyboard wrist pads; downloadable music, ring tones, graphics, and electronic games via the Internet and wireless devices; downloadable wireless game software; downloadable wireless entertainment via the internet and wireless devices, namely, ring tones, images featuring graphics and photographs, and computer wallpaper; downloadable screen saver software, via the internet and wireless devices; computer game discs, programs and software; video game discs, recorded video game software, recorded video game programs; downloadable interactive multimedia computer game program; downloadable interactive video game programs; interactive audio game discs containing action games and role playing games; interactive video games of virtual reality comprised of computer hardware and downloadable software; downloadable virtual reality game software; multi-media software recorded on CD-ROM featuring music, games and entertainment in the nature of motion pictures, music videos, films and television series, programs and shows featuring cartoon and animation, adventure, comedy, drama, music, games, sports, live-action in the nature of football, baseball, basketball and tennis games and cinematography and videography that does not use animation and that combines both animated characters and humans, artists, entertainers, the arts, namely, dramatic acts and dance, pop culture, pre-recorded live concert footage of audio, visual and dramatic performances; downloadable computer software for use in the design, development and execution of wireless game and entertainment programs and applications; electric and electronic apparatus and appliances, for analog, digital or optical receiving, processing, reproduction, control, amplification or distribution of light, sound or image signals, namely, radios, radio receivers, players and recorders for CDs and MP3 files, compact disc players, DVD players, loud speaker systems, power transformers for amplification, loudspeakers, headphones, earphones and remote controls therefor; radio receivers; radios for automobiles; amplifiers; loudspeakers; loudspeakers with built-in amplifiers; digital audio players for music; audio equipment containing amplifiers, namely, stereo tuners and loudspeakers containing amplifiers; digital audio and video recorders and players; audiovisual equipment for vehicles, namely, stereos, speakers, DVD players, digital audio and video players; remote controls for radios, radio receivers, players and recorders for CDs and MP3 files, compact disc players, DVD players, loud speaker systems; cables for electrical or optical signal transmission; electronic control units comprised of electrical controllers for regulation of sound signals; downloadable software for the remote control of lamps and other lighting devices, digital audio and video recorders and players; telecommunication equipment, namely, telecommunication cables, telecommunication exchangers, telecommunication switches; telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols, telecommunications transmitters; electric and electronic apparatus and appliances for data processing and for input, output and storage of data, namely, central processing units for processing information, data, sound or images; downloadable computer software for use in database management and for managing the download and storage of audio and video files; disc storage containers; software for electric and electronic apparatus and appliances, namely, downloadable software to control and improve audio equipment sound quality; downloadable software for the uploading and downloading of digital files such as music files from a database to personal computer, MP3 players and mobile telephones; and downloadable software for use in linking audio and video equipment with parts of the audio and video equipment; microphones” in International Class 009.

 

“Non-metal modular homes” in International Class 019.

 

“Clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, cardigans, jerseys, uniforms, scrub tops and pants not for medical purposes, smocks, dress shirts, pants, trousers, slacks, jeans, culottes, cargo pants, stretch pants, denim jeans, pants made of denim, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, Bermuda shorts, track shorts, running shorts, tops, stretch tops, tube tops, crop tops, tank tops, tankinis, halter tops, sweatshirts, hooded sweatshirts, hoodies, crew neck sweatshirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, track suits, play suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, snow suits, parkas, capes, anoraks, ponchos, cloaks, shrugs, jackets, reversible jackets, wind-resistant jackets, shell jackets, shirt jackets, sports jackets, golf and ski jackets, jean jackets, denim jackets, bomber jackets, coats, heavy coats, over coats, denim coats, trench coats, blazers, suits, jumpsuits, turtlenecks, ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, layettes, infantwear, infants sleepers, booties, baby bibs not of paper, caps being headwear, swim caps, berets, beanies, hats, visors being headwear, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, ties, neckerchiefs, pocket squares, ascots, underwear, thermal underwear, long underwear, briefs, swim and bathing trunks, bras, thong underwear, G-strings, singlets, socks, loungewear, robes, underclothes, pajamas, sleepwear, night gowns, nighties, lingerie, leg warmers, hosiery, pantyhose, body stockings, knee highs, leggings, tights, gloves, mittens, rain slickers, rainwear, footwear, sneakers, tennis shoes, boots, galoshes, sandals, flip-flops, and slippers” in International Class 025.

 

“Retail store services, wholesale store services, mail order services, on-line ordering services, on-line retail store services, and retail store services available through computer communications and interactive television, all of the aforesaid featuring recorded audiovisual products, music related items, audio-visual products, computer goods, software and games, and clothing; management of performing artists; talent agencies; providing a web site which features advertisements for the goods and services of others on a global computer network; providing space at a web site for the advertisement of the goods and services of others; providing a web site at which users can offer goods for sale and buy goods offered by others, namely, providing a website featuring an online marketplace for exchanging goods and services with other users; promoting the goods and services of others by providing hypertext links to the web sites of others; promoting the goods and services of others by providing a web site at which users can link to music, entertainment, television, film, fashion, beauty, lifestyles, home furnishings, games, and the arts; providing on-line web directory services featuring hyperlinks to the web sites of others; providing consumer information about the goods and services of others via the global computer network; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; promoting the goods and services of others through on-line ordering services and web-based catalogues featuring those goods and services; providing an on-line showroom for the goods of others in the fields of music, entertainment, television, film, fashion, beauty, lifestyles, home furnishings, games, and the arts; promoting the goods and services of others by preparing and placing advertisements in an electronic magazine accessed through a global computer network; promoting and conducting trade shows in the fields of music, entertainment, television, film, fashion, beauty, lifestyles, home furnishings, games, and the arts; conducting an on-line trade show exhibition in the fields of music, entertainment, television, film, fashion, beauty, lifestyles, home furnishings, games, and the arts; promoting the concerts of others; promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with music, cultural and entertainment events; organizing exhibitions for commercial or advertising purposes, namely, exhibitions providing consumer information pertaining to video, audio, computer and telecommunications equipment, systems and services related thereto; on-line retail store services featuring downloadable electronic books” in International Class 035.

 

“Construction of modular homes” in International Class 037.

 

“Streaming of music, audio, images, video and other multimedia content over the internet, wireless networks and other computer networks and electronic communications networks; electronic transmission of streamed and downloadable music, audio, video and other multimedia content for others; broadcasting and electronic transmission of streamed and downloadable digital music, audio, video and multimedia content for others; webcasting services; providing online chat rooms, online electronic bulletin boards and online community forums for the transmission of information and messages between users, in the field of entertainment, music, concerts, news and cultural events; providing access to websites and databases on the internet that present artists, music albums, songs and entertainment services in the nature of music, current events and entertainment news and that allow customers to program audio, text, video and other multimedia content, including music, concerts, news, cultural events, and entertainment-related programs on a website and in mobile applications; broadcasting of cable television, television and radio programs; text and numeric wireless digital messaging services; providing e-mail transmission services; providing instant messaging services; computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest; video streaming services via the internet, featuring independent films and movies; telecommunications services, namely, the transfer of data by telecommunication” in International Class 038.

 

“Record production; music production; audio recording and production; videotape production; motion picture song production; production of video discs for others; recording studios; entertainment services, namely, producing musical audio and video programs; distribution of musical and audio and video programs in the field of radio and television programs featuring cartoon and animation, adventure, comedy, drama, music, games, sports, live-action in the nature of football, baseball, basketball and tennis games and cinematography and videography that does not use animation and that combines both animated characters and humans, artists, entertainers, the arts, namely, dramatic acts and dance, pop culture, pre-recorded live concert footage of audio, visual and dramatic performances; music composition and transcription for others; song writing services; music publishing services; entertainment in the nature of live performances by a musical artist, musical group or musical band; entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band; entertainment, namely, live music concerts; entertainment, namely, personal appearances by a musician, musical group, musical band, entertainer, actor or celebrity; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, and photographs; entertainment services, namely, providing non-downloadable prerecorded music, information in the field of music, commentary and articles about music, all online via a global computer network; providing a web site that features information on music, entertainment, television, film, games, and the arts; production of television and radio programs; radio entertainment production; motion picture film production; entertainment in the nature of on-going television, cable television and radio programs featuring music, beauty, fashion, modeling, comedy, dramatic acts, and spoken word; entertainment services, namely, providing television and cable television programs featuring music, entertainment, fashion, beauty, comedy, drama, dramedy, and spoken word; providing a variety show distributed over television, cable television, radio, satellite, audio and video media; entertainment, namely, a continuing variety and musical show broadcast over television, satellite and the internet; entertainment in the nature of theater productions; entertainment in the nature of traveling live show performances featuring music, drama, and spoken word; entertainment services, namely, providing an on-line computer game; providing a computer game that may be accessed network-wide by network users; amusement parks and centers; amusement arcades; children's entertainment and amusement centers, namely, interactive play areas; entertainment in the nature of an amusement park ride; entertainment services in the nature of an amusement park attraction, namely, a themed area; entertainment services in the nature of an amusement park show; education services, namely, conducting classes and seminars in the field of video, audio, computer and telecommunications equipment and systems; educational services through local or global computer networks, namely, providing online classes in the field of video, audio, computer and telecommunications equipment and systems; providing online training through local or global computer networks in the fields of video, audio, computer and telecommunications equipment and systems; entertainment services, namely, providing a web site featuring non-downloadable videos, film clips, photographs and multimedia materials featuring musical performances; entertainment services, namely, providing of non-downloadable prerecorded music and information in the field of music, and commentary and articles about music, all on-line via global and local computer network; Book publishing; Online electronic publishing of books and periodicals” in International Class 041.

 

“Hotel services” in International Class 043.

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

 

/Robert J. Struck/

Robert J. Struck

Trademark Examining Attorney

Law Office 109

Robert.Struck@uspto.gov

571-272-1513

 

 

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

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS 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.