Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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 09, 2021

 

 

This application was approved for publication on June 8, 2021.  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  However, approval of the application has been withdrawn to address the issue(s) below.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.

 

SUMMARY OF ISSUES:

• Acceptable recitation of services for class 41

 

 

IDENTIFICATION OF SERVICES

 

The identification of services for class 41 is indefinite and must be clarified because “online journals in the nature of blogs on the topics of general human interest” is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate:  Entertainment services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Entertainment services, namely, providing information relating to music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Fan club services; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings in the fields of music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings relating to a musical artist and entertainer; Providing a website featuring news and non-downloadable articles in the fields of music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Online journals in the nature of blogs in the fields of music and musical entertainment; Online journals in the nature of blogs relating to a musical artist and entertainer; Online journals in the nature of blogs on the topics of general human interest, namely [applicant must indicate the field, i.e. fashion tips, places to vacation, etc.]; Providing online non-downloadable electronic publications in the nature of articles in the fields entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Providing online non-downloadable music; Providing online non-downloadable music videos; Providing online non-downloadable videos featuring pre-recorded musical performances; Providing online non-downloadable videos featuring stage performances by a musical artist and entertainer; Providing online non-downloadable videos featuring public appearances by a musical artist and entertainer; Providing online non-downloadable videos featuring interviews with a musical artist and entertainer; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to a musical artist and entertainer; Providing online non-downloadable electronic newsletters in the fields of music and musical entertainment; Providing online electronic non-downloadable newsletters relating to a musical artist and entertainer; Educational services, namely, live and online instruction in the fields of music and musical entertainment, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing programs, classes, conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of music and musical entertainment, and distribution of materials in connection therewith; Providing online non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of music and musical entertainment; Providing instruction in the fields of music and musical entertainment via global communication networks; Providing online non-downloadable electronic educational newsletters in the fields of music and musical entertainment; Arranging and conducting contests and sweepstakes; Arranging and conducting contests and sweepstakes services provided via global communications networks.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the U.S. application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found in or encompassed by those in the original U.S. application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and/or services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

 

 

 

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.

 

 

 

 

 

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Won T. Oh/

Attorney Advisor

Law Office 114

(571) 272-9204

email: won.oh@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 09, 2021 for

U.S. Trademark Application Serial No. 90068812

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Won T. Oh/

Attorney Advisor

Law Office 114

(571) 272-9204

email: won.oh@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from July 09, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”