To: | Bytedance Ltd. (docketing@finnegan.com) |
Subject: | U.S. Trademark Application Serial No. 90061680 - NUVERSE - 14972.0164 |
Sent: | September 08, 2020 11:29:42 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90061680
Mark: NUVERSE
|
|
Correspondence Address: FINNEGAN, HENDERSON, FARABOW, GARRETT &
|
|
Applicant: Bytedance Ltd.
|
|
Reference/Docket No. 14972.0164
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: September 08, 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.
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Telephone Or Email Response Encouraged
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
Identification
The identification of goods and/or services is indefinite and must be clarified because it refers to goods and/or services in different classes and the precise nature of the goods and services is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The bold italicized wording below indicates the nature of the detail required. The underlined italicized wording in brackets indicates the need for information that applicant must provide. Applicant may adopt the following identification, if accurate:
Games and playthings, namely, electronic game equipment for playing video games, namely, {specify equipment, e.g. handheld joy stick units}; player-operated electronic controllers for electronic video game machines; action figures and accessories therefor in International Class 28; and/or
Providing non-downloadable online electronic publications, namely, online journals and interactive online blogs featuring user generated or specified content in the field of video games in International Class 41; and/or
Video game development services for others; Designing and modifying computer programs and video games for others; Video game programming development services for others; Design and development of computer game software for others; Software as a service (SAAS) featuring software in the nature of electronic game programs on in International Class 42.
In an identification, an applicant must use the common commercial or generic name for the goods, be specific and all-inclusive, and avoid using indefinite words or phrases. TMEP§§1402.01, 1402.03(a). Further, applicant may amend the identification to list only those items that are within the scope of the goods set forth in the initial application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07. Scope is generally determined by the ordinary meaning of the wording in the identification. TMEP §1402.07(a).
For assistance in crafting acceptable identification wording, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04. For guidance regarding wording that is not listed in the manual, applicant should consider wording from registrations and approved applications that have been accepted/approved within the last year.
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.
Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
If applicant has questions regarding this Office action, please telephone the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06. Any arguments regarding the content of this Office action should be made in writing, as those discussions should be of record.
How to respond. Click to file a response to this nonfinal Office action.
/Tracy Whittaker-Brown, Esq./
Examining Attorney, Law Office 111
U.S. Patent & Trademark Office
Tracy.Whittaker-Brown@uspto.gov
571-272-9397
RESPONSE GUIDANCE