To: | Kalypso Media Group GmbH (tmdocket@leasonellis.com) |
Subject: | U.S. Trademark Application Serial No. 88819109 - MATCHPOINT - 10859/ |
Sent: | December 22, 2020 04:21:07 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88819109
Mark: MATCHPOINT
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Correspondence Address: |
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Applicant: Kalypso Media Group GmbH
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Reference/Docket No. 10859/
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: December 22, 2020
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Refusal(s) and/or requirement(s) resolved. The following refusal(s) and/or requirement(s) is/are satisfied/obviated:
• Section 2(d) Refusal
• Requirement for Additional Information
See TMEP §713.02.
Refusal(s) and/or requirement(s) maintained and continued
The following refusal(s) and/or requirement(s) is/are maintained and continued:
• Section 2(e)(1) Refusal
• Identification and Classification of Goods and Services – Clarification Required
• Combined Application Requirements
See id. These refusal(s) and/or requirement(s) will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
Section 2(e)(1) Refusal Continued
While Applicant has provided additional information about the goods and services, the identified goods and services remain broadly worded so as to encompass electronic/video games and related subject matter concerning a particular card game.
Accordingly, the refusal under Trademark Act Section 2(e)(1) is CONTINUED.
Identification and Classification of Goods/Services – Requirements Continued
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
While the majority of the proposed amendment is acceptable, the following wording remains unacceptably indefinite and/or overly broad:
“Games, in the nature of games for amusement arcades, electronic video games”
“Providing of non-downloadable pre-recorded online videos”.
Accordingly, the requirements for an acceptable identification of goods and services, and proper classification of the same, are CONTINUED.
Applicant may amend the identification and classification to the following, if accurate. [Changes are noted in bold type and/or are underlined.]
“Downloadable and recorded computer game software, downloadable and recorded video game software; Downloadable electronic game programs; Electronic and machine- readable blank magnetic data carriers” [in International Class 009]
“Games, in the nature of arcade game machines for amusement arcades, arcade-type electronic video games and coin-operated video games” [in International Class 028]
“Providing of online computer games; providing non-downloadable electronic publications in the nature of newsletters in the field of computer games; Electronic games services provided by means of the Internet; Providing information on-line relating to computer games and computer enhancements for games; Publication of printed matter, texts and online newsletters and manuals; Production of animation, audio recordings, music and video recordings; Providing of non-downloadable pre-recorded digital music and online videos in the field of {indicate field or subject matter of videos}, all provided via the internet” [in International Class 041].
TMEP §§1402.01 and 1402.03. [Note: Bracketed classification listing is provided for informational purposes, and does not appear in identification wording.]
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.
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Nelson B. Snyder III/
Trademark Examining Attorney
Law Office 107
571-272-9284
nelson.snyder@uspto.gov (Informal comms only)