To: | Martin Music Lab, Inc. (trademark@rlfllp.com) |
Subject: | U.S. Trademark Application Serial No. 90080084 - ORBITAL AUDIO - 4498.0002 |
Sent: | November 22, 2020 02:52:24 PM |
Sent As: | ecom108@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90080084
Mark: ORBITAL AUDIO
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Correspondence Address: 235 PARK AVENUE SOUTH, THIRD FLOOR
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Applicant: Martin Music Lab, Inc.
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Reference/Docket No. 4498.0002
Correspondence Email Address: |
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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: November 22, 2020
Search Results
Identification of Services
Applicant may substitute the following wording, if accurate:
Sound mixing and Sound processing, namely, [specify, e.g., sound editing]; entertainment services in the nature of recording, production and post-production services in the field of music, in International Class 41.
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.
Disclaimer
As seen from the attached evidence from lexico.com the term “audio” refers to sound. As seen from applicant’s identification of services, they relate to sound. Consequently, this wording is descriptive of a feature of applicant’s 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 “AUDIO” 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.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/alrademacher/
April L. Rademacher
Examining Attorney
USPTO
Law Office 108
571-270-3353
april.rademacher@uspto.gov
RESPONSE GUIDANCE