To: | Microsoft Corporation (mstm@dwt.com) |
Subject: | U.S. Trademark Application Serial No. 88872211 - SONIC - 25936-T1615 |
Sent: | June 04, 2020 07:13:26 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88872211
Mark: SONIC
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Correspondence Address:
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Applicant: Microsoft Corporation
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Reference/Docket No. 25936-T1615
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
MARK DESCRIPTION AND COLOR CLAIM REQUIREMENT
To clarify how white is being used in the mark, applicant may satisfy one of the following:
(1) If white is a feature of the mark, applicant must amend the color claim to include them and amend the description to identify where white appears in the literal and/or design elements of the mark. The following color claim and description are suggested, if accurate:
Color claim: “The colors blue, black, and white are claimed as a feature of the mark.”
Description: “The mark consists of a box shape in varying shades of the color blue with white cutouts; the word “SONIC” in the color black appears to the right of the box shape.”
(2) If white is not a feature of the mark, applicant must amend the description to state that white represents background, outlining, shading and/or transparent areas and is not part of the mark. The following description is suggested, if accurate:
“The mark consists of a box shape with cutouts, the box shape in varying shades of the color blue; the word “SONIC” in the color black appears to the right of the box shape. The color(s) white represents background, outlining, shading, and/or transparent area and is/are not part of the mark.”
TMEP §807.07(d).
IDENTIFICATION OF GOODS REQUIREMENT
Applicant may substitute the following wording, if accurate. Suggested additions and changes are in bold underline, and items the applicant must clarify are in italics:
Class 9: {specify whether downloadable or recorded} Software for managing computer network switch operations
Class 42: providing online non-downloadable software for managing computer network switch operations
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/or services that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only 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.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
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.
/Derek van den Abeelen/
Trademark Examining Attorney
Law Office 126
(571) 270-3997
derek.vandenabeelen@uspto.gov
RESPONSE GUIDANCE