To: | Infiltration Pictures (trademarkdocket@jmbm.com) |
Subject: | U.S. Trademark Application Serial No. 88832587 - VR ATLAS - 77370-1004 |
Sent: | June 04, 2020 10:50:44 PM |
Sent As: | ecom125@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88832587
Mark: VR ATLAS
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Correspondence Address: JEFFER MANGELS BUTLER & MITCHELL LLP 1900 AVENUE OF THE STARS, 7TH FLOOR
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Applicant: Infiltration Pictures
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Reference/Docket No. 77370-1004
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: June 04, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
Here, applicant has applied for VR ATLAS for use in connection with “Computer application software for mobile phones, namely, software for use in association with children's books being children's educational software” and “Children's activity toys; Children's activity toys sold as a unit with printed books”.
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the wording VR is an acronym for “virtual reality” and ATLAS refers to “a collection of maps published as a printed book or as a digital product.” Applicant’s goods, as depicted in the specimen of record, appears to be a kit that allows children to use virtual reality and augmented reality to assist in conducting scientific experiments.
The term VR ATLAS, then, when considered in connection with the goods at issue, would be perceived by consumers as nothing more than a description of applicant’s goods and/or services, which allow children to explore the world through virtual reality, and presumably features a collection of maps of various countries. Accordingly, as this describes a feature and characteristic of applicant's goods and/or services, the mark must be deemed to be merely descriptive.
REQUEST FOR INFORMATION
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
IDENTIFICATION OF GOODS REQUIRES AMENDMENT
Summary of Suggested Amendments
To address the above issues, applicant may adopt any or all of the following identifications, with the necessary information added, if accurate. (proposed changes shown in bold typeface; instructions and comments to applicant set forth between curly brackets {}):
International Class 9
Downloadable computer application software for mobile phones, namely, children’s educational software for use in association with children's books
International Class 28
Children's multiple activity toys; Children's multiple activity toys sold as a unit with printed books
International Class 42
Providing temporary use of online non-downloadable computer application software for mobile phones, namely, children’s educational software for use in association with children's books
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.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Laura M. Wright/
Trademark Examining Attorney
United States Patent and Trademark Office
Phone: (571) 272-5421
Email: laura.wright@uspto.gov
RESPONSE GUIDANCE