To: | Oberheim, Tom (docketing@kelly-ip.com) |
Subject: | U.S. Trademark Application Serial No. 88854470 - OB-XA - 363.0005 |
Sent: | June 20, 2020 01:51:20 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88854470
Mark: OB-XA
|
|
Correspondence Address: |
|
Applicant: Oberheim, Tom
|
|
Reference/Docket No. 363.0005
Correspondence Email Address: |
|
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 20, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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
IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
Applicant may adopt the following wording, if accurate (the examining attorney’s suggestion appear in bold font):
Class 9: {identify format, e.g., downloadable, recorded} software for creating and processing music and sounds; {identify format, e.g., downloadable, recorded} user interface software for controlling musical instruments
Class 42: {identify service, e.g., providing temporary use of on-line non-downloadable, software as a service (SAAS) services featuring} software for creating and processing music and sounds; {identify service, e.g., providing temporary use of on-line non-downloadable, software as a service (SAAS) services featuring} user interface software for controlling musical instruments
MULTIPLE-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 already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 (two) classes; however, applicant submitted a fee sufficient for only 1 (one) class. 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.
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.
RESPONSE GUIDELINES
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.
/Maryna K. Gipsov/
Maryna K. Gipsov
Trademark Examining Attorney
Law Office 127
571-270-7630
maryna.gipsov@uspto.gov
RESPONSE GUIDANCE