To: | Digital Music Consortium (docket@jpglegal.com) |
Subject: | U.S. Trademark Application Serial No. 90442260 - SPA MUSIC - N/A |
Sent: | July 27, 2021 04:26:38 PM |
Sent As: | ecom102@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90442260
Mark: SPA MUSIC
|
|
Correspondence Address: |
|
Applicant: Digital Music Consortium
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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 27, 2021
SEARCH OF USPTO DATABASE OF MARKS
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Applicant has applied to register the mark “SPA MUSIC” in standard characters for use in connection with “Providing online non-downloadable visual and audio recordings featuring background noise, white noise, music, and sound masking” in International Class 41.
The word “SPA” in the mark merely indicates the type of audio the applicant provides. The attached evidence shows that “SPA MUSIC” is a particular category of audio recordings—that is, music or sounds typically found in spas. From the context of the attached websites, such music or sounds are for the purpose of relaxation and are intended to have a calming effect. Finally, “MUSIC” identifies applicant’s applied-for services of providing online non-downloadable visual and audio recordings featuring “MUSIC” among other recordings in International Class 41.
Consumers are likely to recognize from the mark itself that applicant’s recordings feature music and sounds that spas play.
Therefore, applicant’s mark merely describes applicant’s services and registration is refused pursuant to Section 2(e)(1) of the Trademark Act.
GENERIC ADVISORY
APPLICANT’S DOMICILE ADDRESS REQUIREMENT
In this case, the application record lists applicant as a juristic entity and specifies applicant’s domicile as a post office box or mail forwarding service instead of a street address. In most cases, a post office box or mail forwarding service is not acceptable as a domicile address because it does not identify the location of applicant’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities. See37 C.F.R. §2.2(o)-(p); TMEP §601.01(b)(1).
Response options. Applicant must provide its domicile street address. See 37 C.F.R. §2.32(a)(2), 2.189; TMEP §803.05. Alternatively, applicant may provide documentation showing that the listed address is, in fact, applicant’s domicile. See37 C.F.R. §2.11(b); TMEP §601.01(b)-(b)(1).
To provide applicant’s domicile street address. After opening the correct Trademark Electronic Application System (TEAS) response form and entering the serial number, (1) answer “yes” to wizard question #5 and click “Continue;” (2) on the “Owner Information” page, in the “Domicile Address” field, uncheck the box stating the domicile and mailing address are not the same; and (3) below the checkbox provide applicant’s domicile street address. Applicant’s domicile street address will be hidden from public view if it is entered into the “Domicile Address” field. However, any street address listed in the “Mailing Address” field will be publicly viewable.
To provide documentation to support applicant’s domicile address. Applicant should provide the most recent documentation showing that the address is the applicant’s business headquarters, for example one of the following: (1) the most recent final annual or quarterly report or other similar report; or (2) a current certificate of good standing for the corporation or other business entity issued by a federal or state government agency. TMEP §601.01(b)-(b)(1); see 37 C.F.R. §2.11(b). Submitted documentation must show the name, listed domicile address, and the date of the document but should redact other personal and financial information.
To provide this documentation, open the correct TEAS response form and enter the serial number, answer “yes” to wizard question #3, and on the “Additional Statement(s)” page, below the “Miscellaneous Statement” field, click the button below the text box to attach documentation to support the street address.
DISCLAIMER REQUIREMENT
The application includes a disclaimer of the following matter in the applied-for mark: “WHITE NOISE.” An applicant may voluntarily disclaim matter in a mark regardless of whether the matter is registrable. TMEP §1213.01(c); see 15 U.S.C. §1056(a). However, a disclaimer of this matter is not required and not appropriate as the applied-for mark does not include the terms “WHITE NOISE.” An applicant may voluntarily disclaim a component of a mark sought to be registered. TMEP §1213.01(c). Here, however, the wording “WHITE NOISE” is not a component of applicant’s mark.
Therefore, applicant may request to withdraw this disclaimer from the application.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
CONTACTING THE EXAMINING ATTORNEY
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
/Jessica Chong/
Jessica Chong
Examining Attorney
Law Office 102
(571) 270-7880
jessica.chong@uspto.gov
RESPONSE GUIDANCE