To: | Twentieth Century Fox Film Corporation (trademarks@disney.com) |
Subject: | U.S. Trademark Application Serial No. 88975096 - AVATAR - 81364659 |
Sent: | October 20, 2019 08:26:20 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88975096
Mark: AVATAR
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Correspondence Address: |
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Applicant: Twentieth Century Fox Film Corporation
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Reference/Docket No. 81364659
Correspondence Email Address: |
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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: October 20, 2019
This application was approved for publication on September 19, 2019. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
039-203 039 Travel, excursion and cruise arrangement D 01/01/2016 SERVICES On 01-01-2016, this 07-20-2004 entry was deleted, because it is unclear whether excursion arrangement encompasses making bookings for transportation in Class 39 or arranging recreational or entertainment activities in Class 41. This wording is no longer acceptable under Nice 10-2016.
Additionally, the wording “tour information services” is overbroad and indefinite, in that it is inclusive of services in multiple classes, such as information about guided tours in Class 41, information about tour transportation in Class 39, information about tour hotel accommodations in Class 43, etc. Please clarify and reclassify as applicable. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
Applicant may adopt the following wording, if accurate:
“Booking of seats for travel; booking of tickets for travel; organization and arrangement of travel; providing transport for tours; travel agency services, namely, making reservations and bookings for transportation for others; travel, transport, and tour information services, namely providing information about tour transportation; travel booking agencies; travel clubs; travel guide services; travel information and excursion arrangement services, namely, booking transportation for others” in International Class 39.
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.
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.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
How to respond. Click to file a response to this nonfinal Office action
/Naakwama Ankrah/
Trademark Attorney Advisor
Law Office 109
571-272-9315
naakwama.ankrah@uspto.gov
RESPONSE GUIDANCE