To: | Ma, Nehemiah Chun (pto@yourtrademarkattorney.com) |
Subject: | U.S. Trademark Application Serial No. 88926038 - GAMESENSE - M312 001TM |
Sent: | August 26, 2020 10:40:54 AM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88926038
Mark: GAMESENSE
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Correspondence Address: |
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Applicant: Ma, Nehemiah Chun
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Reference/Docket No. M312 001TM
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: August 26, 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
CLASSIFICATION AND IDENTIFICATION OF GOODS REQUIRES AMENDMENT
Applicant has classified the following goods in International Class 9: “Chairs”, “Game controllers in the nature of keyboards for computer games”, and “Gaming mice”. However, the proper classification for each item is as follows: “Chairs” are properly classified in International Class 20; “Game controllers in the nature of keyboards for computer games” are properly classified in International Class 28; “Gaming mice” are properly classified in International Class 28.
Additionally, applicant has provided the application fee(s) for only 1 international class(es). Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
In addition, the wording “Computer peripherals for gaming” in the identification of goods for International Class 9 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Specifically, if applicant is providing “virtual reality headsets adapted for use in playing video games”, the proper classification is International Class 9, however, if applicant is providing “audio and visual headsets for use in playing video games”, the proper classification is International Class 28.
Applicant may substitute the following wording, if accurate (suggestions in bold):
International Class 9: Computer peripherals; Mousepads; Chairs; Game controllers in the nature of keyboards for computer games; Gaming mice; Computer
peripherals for gaming; virtual reality headsets adapted for use in playing video games
International Class 20: Chairs
International Class 28: Game controllers in the nature of keyboards for computer games; gaming mice; audio and visual headsets for use in playing video games
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 3 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). 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.
RESPONSE GUIDELINES
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.
How to respond. Click to file a response to this nonfinal Office action.
/Krystina Osgood/
Examining Attorney
Law Office 121
U.S. Patent and Trademark Office
(571) 272-8403
Krystina.Osgood@uspto.gov
RESPONSE GUIDANCE