To: | Carter, Cory (cory@showtimerisingstarz.org) |
Subject: | U.S. Trademark Application Serial No. 90126000 - SHOWTIME - N/A |
Sent: | December 24, 2020 04:44:02 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90126000
Mark: SHOWTIME
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Correspondence Address:
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Applicant: Carter, Cory
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Reference/Docket No. N/A
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: December 24, 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 Advisory
Note: This is merely an advisory paragraph and not a requirement.
Mark Description Amendment Requirement
The following description is suggested, if accurate: The mark consists of a purple and black basketball globe with a yellow and black scroll in front of it that reads “ShowTime” in black cursive writing.
Identification of Goods and/or Services Amendment Requirement
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
In an identification, an applicant must use the common commercial or generic name for the goods and/or services, 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 and/or services 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).
The wording “football; baseball” in the identification of goods and/or services is indefinite and must be clarified because its relationship to the services is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Please see non-exhaustive suggestions below.
The current identification reads as follows:
International Class 41: Coaching in the field of basketball; football; baseball; Conducting fitness classes; Educational services, namely, conducting classes in the field of finance; Providing fitness and exercise facilities; Training services in the field of basketball; football; baseball
The following wording in the current identification is acceptable, because it is sufficiently definite and properly classified:
International Class 41: Coaching in the field of basketball; . . . ; . . . ; Conducting fitness classes; Educational services, namely, conducting classes in the field of finance; Providing fitness and exercise facilities; Training services in the field of basketball; . . . ; . . .
Applicant may adopt the following identification of goods and/or services, if accurate:
International Class 41: Coaching in the field of basketball, football and baseball; Conducting fitness classes; Educational services, namely, conducting classes in the field of finance; Providing fitness and exercise facilities; Training services in the field of basketball, football and baseball
See TMEP §1402.01.
Amendment Guidelines
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
If applicant has any questions regarding this action or needs assistance in responding, applicant is encouraged to email or telephone the undersigned for legal procedure questions, or email teas@uspto.gov for technical website filing questions.
The USPTO website provides information for those unfamiliar with the process of applying for federal trademark registration, such as an e-booklet about registering trademarks, FAQs, and more. Two tools on the USPTO’s website that are particularly helpful during the examination process are the (1) informational videos and (2) application processing timelines. The videos provide information in a broadcast news format regarding a range of issues that arise during the examination of an application, such as specimens and goods and services. The application processing timelines provide information regarding the USPTO’s processing time for certain documents, as well as crucial legal deadlines.
An applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or registration number and click on “Status” or “Documents.”
How to respond. Click to file a response to this nonfinal Office action.
/Tina H. Mai/
Trademark Examining Attorney
Law Office 117
571-272-4110
tina.mai@uspto.gov (for informal communications)
RESPONSE GUIDANCE