To: | Kabushiki Kaisha BANDAI NAMCO Entertainm ETC. (nptm@nixonpeabody.com) |
Subject: | U.S. Trademark Application Serial No. 88888819 - TALES OF ARISE - 52999-100619 |
Sent: | June 24, 2020 10:44:27 AM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88888819
Mark: TALES OF ARISE
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Correspondence Address:
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Applicant: Kabushiki Kaisha BANDAI NAMCO Entertainm ETC.
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Reference/Docket No. 52999-100619
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 24, 2020
SEARCH OF USPTO DATABASE OF MARKS
APPLICATION NOT ENTITLED TO REGISTER – ONE EARLIER-FILED PENDING APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
AMENDMENT OF IDENTIFICATION OF SERVICES REQUIRED
The International Class 9 identification of goods is accurate “as is.” However applicant must clarify the wording “providing computer games via network between communications networks and computers” in International Class 41 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it fails to specify how consumers will access the computer game software, e.g., downloadable game software or online game software. Further, this wording could identify goods and/or services in more than one international class, e.g., computer game software downloadable from a global computer network, in International Class 9; or online game software, in International Class 41.
Suggestion
The following identification is suggested, if accurate (stricken words are required deletions, bolded words are suggestions):
International Class 9 (accurate “as is”):
Downloadable computer game software; Downloadable computer game programs; Downloadable computer game software via a global computer network and wireless devices; Downloadable video game software;
International Class 41 Suggestion:
Entertainment services, namely, providing online video games; Entertainment services, namely, providing a computer game that may be accessed network-wide by network users via mobile phones, mobile devices and computers; and providing online computer games via network between communications networks and computers.
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.
RESPONDING TO THIS OFFICE ACTION
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.
/Mariessa Terrell/
Examining Attorney
Law Office 106
571-272-5764
mariessa.terrell@uspto.gov
RESPONSE GUIDANCE