Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

 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:  May 11, 2020

 

The approval for publication in connection with this application has been queried and the approval for publication withdrawn based on a decision by the Commissioner’s Office for the reasons set forth below. Applicant should respond as soon as possible in order to approve this application for publication in the next available Official Gazette.

 

Identification of Services Indefinite – Class 41

 

The identification of service in Class 41 is indefinite in part for both classification and publication purposes and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must specify the common commercial or generic name of the services and provide accurate classification.  See TMEP §1402.01. 

 

Specifically, the wording “Providing customized music programs featuring playlists for use in retail establishments, public areas, and commercial establishments via the internet” is not sufficiently specific and could include services in more than one class. “Playlists” is ambiguous and overly broad in Cl 41 and could include recorded or downloadable files in Cl 9.    The term “playlist” is broadly defined in the dictionary as “an electronic file containing a list of audio or video files that can be played back on a media player sequentially or in random order” http://www.dictionary.com/browse/playlist.  Further, if applicant’s “customized music programs featuring playlists” is providing an online, non-downloadable software platform or technology, it should indicate so and reclassify in IC 42. Applicant must also clarify the following wording:   “Music service, namely, providing specially programmed background non- downloadable music” in Class 41 which is indefinite and overly broad and may identify services in multiple international classes.   Applicant may be providing of a website featuring online, non-downloadable music, a service classified in Class 41, online retail store services featuring pre-recorded music, a service classified in Class 35, or musical sound recordings in Class 9.  

 

The following Identification in Class 41 is suggested.  If adopted in full, the mark will be approved for publication.  Suggested changes have been highlighted in bold font.

 

Class 41:  Production of pre-programmed music and music videos for use in subscription based retail and/or commercial establishments; audio and video recording and production services for others; music service, namely, providing a website featuring online non-downloadable programmed background music; entertainment services, namely, providing non-downloadable playback of music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; entertainment services, namely, non-downloadable pre-recorded music presented to retail establishments, public areas, and commercial establishments via the internet

 

Telephone Call or Email Communication Encouraged

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

 

 

 

/Russ Herman/

Examining Attorney

Law Office 101

(571)272-9172

russ.herman@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 May 11, 2020 for

U.S. Trademark Application Serial No. 88746482

 

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. 

 

 

/Russ Herman/

Examining Attorney

Law Office 101

(571)272-9172

russ.herman@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 May 11, 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.”