Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  July 13, 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 Results

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.

 

Identification of Goods and Services

The identification of goods and services is indefinite and must be clarified because it is largely overly broad as shown in bold italics.  Furthermore, “non-downloadable computer game software” is misclassified and redundant to services identified in Class 41, so it was removed from Class 42.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

Class 9:  [“recorded” or “downloadable”] computer game software; [“recorded” or “downloadable”] computer programs, namely, game software for use on computers and video game players; visual recordings featuring [specify subject matter]; audio recordings featuring [specify subject matter].

 

Class 16:  Printed publications, namely, [specify type of publications and subject matter if applicable]; books about [specify subject matter]; comics; magazines in the field of [specify subject matter]; cartoon prints.

 

Class 18:  [specify type, e.g., weekend] bags; handbags; purses; wallets; [specify type, e.g., reusable] shopping bags; sports bags; tote bags; school bags; travelling bags; backpacks; rucksacks; [specify nature of “parts and fittings for the aforesaid goods”].

 

Class 25:  Clothing, namely, [specify items of clothing]; footwear; headwear.

 

Class 41:  Providing a website featuring entertainment information; providing on-line computer games; providing temporary use of non-downloadable game software; providing a website featuring entertainment information in the field of computer games, games, computer enhancements for games, and home entertainment; entertainment services, namely, providing on-line computer games; providing online non-downloadable visual and audio recordings in the field of [specify subject matter].

 

Class 42:  Software as a Service (SaaS) featuring software for [specify function and, if applicable, field of software]; Platform as a Service ("PaaS) featuring software for [specify function and, if applicable, field of software]; providing a web site featuring technology that enables users to create, upload, and share user-generated videos based on computer game play; Providing temporary use of online non-downloadable software and software as a service (SAAS) services featuring software for transmitting and for receiving video games.

 

For further 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.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

 

/Linda King/

Examining Attorney

Law Office 116

571-272-9180

Linda.King@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 13, 2020 for

U.S. Trademark Application Serial No. 88885252

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Linda King/

Examining Attorney

Law Office 116

571-272-9180

Linda.King@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from July 13, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”