To: | Embark Studios AB (trademarks@tuckerellis.com) |
Subject: | U.S. Trademark Application Serial No. 90348824 - ARC RAIDERS - 14476-053010 |
Sent: | May 24, 2021 11:49:48 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90348824
Mark: ARC RAIDERS
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Correspondence Address:
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Applicant: Embark Studios AB
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Reference/Docket No. 14476-053010
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: May 24, 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
AMENDED IDENTIFICATION REQUIRED
As set forth more fully below, the identification of goods and services is unacceptable as indefinite. 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.
International Class 9
The wording “Computer games; video games,” “computer programs for playing games in the identification of goods for International Class 9 is indefinite and too broad and must be clarified to specify whether its format is downloadable, recorded, or online non-downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a). Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is an entertainment service in International Class 41. See TMEP §1402.03(d).
The wording “electronic publications, downloadable, relating to games and gaming” in the identification of goods is indefinite and must be clarified to specify the common name of the type of publications, such as brochures, newsletters, or magazines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
International Class 25
If applicant’s “clothing” and “headwear” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and “headwear” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses, hats, caps).
International Class 28
International Class 41
Applicant may adopt the following identification of goods and services, if accurate
INTERNATIONAL CLASS 9: Recorded computer and video game software programs; computer hardware for games and gaming; downloadable computer software programs for playing games; downloadable electronic publications, namely, magazines relating to games and gaming; computer peripheral devices; mouse pads.
INTERNATIONAL CLASS 25: Clothing, namely, shirts, jackets and pants; footwear; headwear, namely, hats and caps.
INTERNATIONAL CLASS 28: Video game consoles; computer game consoles for use with an external display screen or monitor; controllers for video game consoles; game controllers in the nature of keyboards for computer games; toys, namely, plush toys, dolls and play balls.
INTERNATIONAL CLASS 41: Providing online computer games; entertainment services, namely, organization of computer game competitions with matched computer gamers; providing information on-line relating to computer games and computer enhancements for games; providing on-line, non-downloadable electronic publications in the nature of magazines in the field of computer gaming; providing on-line computer games by cellular telephone communication; providing on-line computer games by or for use on cellular telephones; publication of e-zines regarding computer games; providing online computer games computer networks and global communication networks; entertainment services, namely, organizing and providing electronic sports competitions in the field of computer games.
MULTI-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 7 classes; however, applicant submitted a fee(s) sufficient for only 4 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
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.
/Verna B. Ririe/
Trademark Examining Attorney
Law Office 104
(571) 272-9310
verna.ririe@uspto.gov
RESPONSE GUIDANCE