Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  October 17, 2020

Application has been amended as shown below.  As agreed to by Christopher Thomas on October 11, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

Identification of Goods and Services Amended. The identification of goods and services is amended to read as follows: 

International Class 9: Downloadable and recorded software development tools; downloadable and recorded software for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable software for the creation of computer-generated imagery and graphics, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable software for the creation of computer-generated imagery and graphics, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software featuring digital human characters or representations for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software featuring digital human characters or representations for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable graphics for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable graphics for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable virtual goods, namely, computer programs featuring digital content for use in online virtual worlds and real-time 3D sites

International Class 42: Computer software design; developing computer software; computer graphics design services; providing temporary use of non-downloadable computer software for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; providing temporary use of non-downloadable computer software for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; computer graphics design services, namely, creation of 2D and 3D computer models; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; electronic 3D scanning services, namely, scanning humans, animals, and objects, for the purpose of creating digital characters or representations not for medical purposes; computer graphics design consulting services

See TMEP §§1402.01, 1402.01(e).

Conclusion: Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.

/Shannon B. Keating/

Shannon Keating

Trademark Examining Attorney

Law Office 126

571-270-3734

shannon.keating@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on October 17, 2020 for

U.S. Trademark Application Serial No. 88948661

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

/Shannon B. Keating/

Shannon Keating

Trademark Examining Attorney

Law Office 126

571-270-3734

shannon.keating@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).

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.”