To: | Microsoft Corporation (mstm@dwt.com) |
Subject: | U.S. Trademark Application Serial No. 88956509 - XBOX SERIES X - 25936-T1647 |
Sent: | July 10, 2020 09:13:33 AM |
Sent As: | ecom116@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88956509
Mark: XBOX SERIES X
|
|
Correspondence Address:
|
|
Applicant: Microsoft Corporation
|
|
Reference/Docket No. 25936-T1647
Correspondence Email Address: |
|
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 10, 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
Identification of Goods and Services
Class 9: Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; digital media, namely, downloadable audio files featuring [specify subject matter]; recorded and downloadable computer software for [specify function and, if applicable, field of goods]; blank digital storage media; computers and computer peripheral devices; recorded video game programs; downloadable video game software.
Class 28: Games, toys and playthings, namely, [specify goods by common commercial names]; video game machines; video games consoles; video game consoles for use with an external display screen or monitor; controllers for game consoles; game controllers in the nature of keyboards for computer games; video game interactive remote control units.
Class 41: Educational services, namely, [specify the nature and subject matter of services]; providing of training in the field of [specify field or subject matter]; entertainment services, namely, [specify nature of services]; organizing community sporting and cultural events; providing online non-downloadable game software; providing temporary use of non-downloadable game software.
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.
Disclaimer
The attached evidence from Collinsdictionary.com shows this wording describes a group of things or events, making it descriptive of the goods and services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “SERIES” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Basis Options
Alternatively, as applicant has not yet submitted the foreign registration or otherwise perfected the Section 44(e) basis, applicant can amend the application to rely solely on the Section 1 basis and request deletion of the Section 44(e) basis.
Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on Section 1(b).
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