To: | Facebook, Inc. (tmadmin@kilpatricktownsend.com) |
Subject: | U.S. Trademark Application Serial No. 90142794 - FACEBOOK - 1164127 |
Sent: | January 04, 2021 08:54:43 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90142794
Mark: FACEBOOK
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Correspondence Address: KILPATRICK TOWNSEND & STOCKTON LLP
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Applicant: Facebook, Inc.
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Reference/Docket No. 1164127
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: January 04, 2021
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 of USPTO Database of Marks
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.
Identification
The wording “Virtual, augmented, and mixed reality headsets and helmets adapted for use in playing electronic and interactive multimedia games; Virtual reality headsets for playing video games for connection to computers, tablet computers, mobile devices, and mobile phones in order to enable virtual reality experiences; Wearable peripherals for playing video games specially adapted for computers, tablet computers, mobile devices, and mobile telephones; Hand-held units for playing electronic, computer, interactive, and video games;” in the identification of goods is indefinite and must be clarified because it is unclear, and it could include goods in other classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 9 –
Virtual, augmented, and mixed reality headsets and helmets adapted for use in playing electronic and interactive multimedia games; Virtual reality headsets for playing video games for connection to computers, tablet computers, mobile devices, and mobile phones in order to enable virtual reality experiences;
Class 28 –
Video game interactive remote control units; Game controllers for computer games; Audio and visual headsets for use in playing video games; Hand-held units for playing electronic games and video games; Gaming devices, mobile gaming devices, namely, gaming machines with or without video output for playing computer games and video games; Apparatus for electronic games other than those adapted for use with an external display screen or monitor; Apparatus for electronic games adapted for use with an external display screen or monitor; Bags specially adapted for handheld video games and video game consoles; Game controllers in the nature of keyboards for computer games; Games adapted for use with television receivers; Gaming headsets adapted for use in playing video games; Video game interactive hand held remote controls for playing electronic games
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.
Multiple-Class Application Requirements
The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01. For more information about adding classes to an application, see the Multiple-class Application webpage.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE