To: | Kongorikishi, Inc. (joesofer@soferharoun.com) |
Subject: | U.S. Trademark Application Serial No. 90702393 - UNITY - 1463-009 |
Sent: | January 06, 2022 11:21:39 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90702393
Mark: UNITY
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Correspondence Address: |
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Applicant: Kongorikishi, Inc.
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Reference/Docket No. 1463-009
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 06, 2022
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.
Applicant is Encouraged to Contact the Examining Attorney
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
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.
Search for Conflicting 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 of Goods and/or Services Amendment Partial Requirement
THIS REQUIREMENT APPLIES ONLY TO THE SPECIFIED SERVICES
Here, the wording “entertainment services, namely, art exhibitions in the nature of providing a mirrored venue for public display of art and for recreational and leisure purposes” and “relaxation therapy in the nature of providing a mirrored venue experience” in the identification of goods and/or services must be clarified because it is too broad and could include goods and/or services in other international classes. See TMEP §§1402.01, 1402.03.
For the applicant’s convenience, the Examining Attorney has highlighted suggested amendments and problem areas in bold type below. The applicant may adopt following wording, if accurate, because it is sufficiently definite and properly classified:
“Art exhibitions; Entertainment services, namely, art exhibitions in the nature of providing a mirrored venue for public display of art and for recreational and leisure purposes; Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure and entertainment purposes,” in International Class 41;
“Health care relating to relaxation therapy in the nature of providing a mirrored venue experience; Cognitive therapy in the nature of providing a mirrored venue experience; Meditation therapy in the nature of providing a mirrored venue experience,” in International Class 44.
See TMEP §1402.01.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
Partial Abandonment Advisory
Assistance
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
Jimmy Stein
/Jimmy Stein/
Trademark Examining Attorney
Law Office 107
(571) 272-3056
james.stein@uspto.gov
RESPONSE GUIDANCE