To: | Calvin Broadus (becker-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88849046 - SNOOP DOGG'S - SDDG 2001156 |
Sent: | June 18, 2020 10:46:29 PM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88849046
Mark: SNOOP DOGG'S
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C.
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Applicant: Calvin Broadus
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Reference/Docket No. SDDG 2001156
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 18, 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
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:
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
IDENTIFICATION OF GOODS AND SERVICES
The wording “audiovisual recordings; downloadable audiovisual recordings; electronics”, “Pet accessories, including, dog dishes, leashes, dog tags, cat dishes, and cat tags; baby carriers worn on the body”, “smoking paraphernalia”, “entertainment services, namely, providing a website featuring non-downloadable audio and audiovisual recordings via a global computer network and wireless network; prerecorded music, musical performances, and musical videos via a global computer network and wireless network; providing musical sound recordings and audiovisual recordings via various platforms across multiple forms of transmission media”, in the identification of goods are all indefinite and must be clarified because the wordings are either overly broad or ambiguous. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording “including” in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods. See TMEP §1402.03(a).
Applicant may substitute the following wording, in bold, if accurate:
Metal dog tags; metal cat tags. IC 6
Musical sound recordings; downloadable musical sound recordings; audiovisual recordings featuring music; downloadable audiovisual recordings featuring music; headphones; electronics, namely, __________ (specify actual electronics by common commercial name, i.e. radios, televisions). IC 9
Pet accessories, namely, dog leashes, baby carriers worn on the body. IC 18
Non-metal dog tags; non-metal cat tags. IC 20
Beverage glassware, pet bowls; pet dishes. IC 21
Lighters for smokers; ash trays; glassware in the nature of glass smoking pipes; smoking paraphernalia, namely, ___________ (specify paraphernalia by common commercial name, i.e. cigarette paper, filter tips). IC 34
Production and distribution of television shows and movies; entertainment services, namely, providing a website featuring non-downloadable audio and audiovisual recordings via a global computer network and wireless network; Entertainment services, namely, providing non-downloadable prerecorded music, musical performances, and musical videos via a global computer network and wireless network; Entertainment services by a musical artist, namely, production of musical sound recordings and audiovisual recordings via various platforms across multiple forms of transmission media. IC 41
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and services that are classified in at least 12 classes; however, applicant submitted a fee sufficient for only 10 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.
NAME OF LIVING INDIVIDUAL
Applicant must clarify whether the name SNOOP DOGG in the mark identifies a particular living individual. See 37 C.F.R. §2.61(b); TMEP §§813, 1206.03. In this case, the application neither specifies whether the name in the mark identifies a particular living individual nor includes a written consent. See TMEP §§813.01(a)-(b), 1206.04(a), 1206.05. Please see the attached Internet evidence from www.wikipedia.com and www.imdb.com demonstrating that the stage name SNOOP DOGG identifies Calvin Broadus.
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name shown in the mark identifies a living individual whose consent to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “SNOOP DOGG identifies CALVIN BROADUS, a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual, as follows: “I, CALVIN BROADUS, consent to the use and registration of my name, SNOOP DOGG, as a trademark and/or service mark with the USPTO.”
For an overview of the requirements for names appearing in marks, and instructions on how to satisfy this requirement using the online Trademark Electronic Application System (TEAS) response form, see the Name/Portrait/Signature of Particular Living Individual in Mark webpage.
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.
UNSIGNED APPLICATION
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.
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.
/Sanjeev K. Vohra
Trademark Examining Attorney
Law Office 110
571.272.5885 - Work
571.273.5885 - Fax
sanjeev.vohra@uspto.gov
RESPONSE GUIDANCE