To: | Take-Two Interactive Software, Inc. (trademarks@kelleydrye.com) |
Subject: | U.S. Trademark Application Serial No. 88909537 - JUDAS - 019321 |
Sent: | July 21, 2020 08:31:38 AM |
Sent As: | ecom128@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. 88909537
Mark: JUDAS
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Correspondence Address:
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Applicant: Take-Two Interactive Software, Inc.
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Reference/Docket No. 019321
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: July 21, 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
ADVISORY - PRIOR-FILED APPLICATION(S)
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.
REQUIREMENT – AMEND THE IDENTIFICATION OF GOODS AND SERVICES
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
The wording “digital media devices” in the identification of goods in Class 9 is indefinite and must be clarified because it is unclear what the goods are, and so applicant must specify the common commercial name for such goods. Similarly, the “USB flash drives” need to specify if they are blank, or pre-recorded and the subject matter. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following wording, if accurate:
Class 9: Recorded computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media, namely, digital video discs, compact discs, optical discs, laser discs, and downloadable audio and video featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games; pre-recorded USB flash drives featuring computer games and video games; cases for mobile phones and tablet computers; mouse pads; pre-recorded media featuring music, namely, compact discs, and phonograph records; downloadable computer application software for mobile phones, portable media players, tablets, handheld computers and other electronic mobile devices, namely, video and computer games software
Class 41: providing temporary use of online non-downloadable computer and video game programs and software; providing temporary use of online non-downloadable computer application software for mobile phones, portable media players, tablets, handheld computers and other electronic mobile devices, namely, video and computer games software
ADVISORY
If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
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.
REQUIREMENT – COMPLY WITH 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 2 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
ASSISTANCE
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.
Solano, Carlita
/Carlita Jaye Solano/
Examining Attorney
Law Office 128
(571)270-0348
carlita.solano@uspto.gov
RESPONSE GUIDANCE