Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT - ea

 

 

Issue date:  October 05, 2022

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney has searched the USPTO database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Catherine Mitros on May 11, 2022, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

CLASSES 016 & 041 IDENTIFICATION AMENDMENT

The identification in Classes 016 and 041 is amended as follows:

 

Class 016:

Blank journal books; Blank writing journals; Printed notebooks; Printed notepads; Note paper; Writing paper; Writing paper pads; Stationery; Stationery kits comprised of printed  notebooks, writing instruments and stickers; Decals; Stickers; Wall decals; Wall stickers; Decals and stickers for use as home décor; Art prints; Lithographic prints; Pictorial prints; Graphic prints;  Photographic prints; Lithographs; Printed photographs; Printed posters; Printed calendars; Art supplies, namely, art paper, artists' brushes, paint brushes, painters' brushes, artists' pens, crayons, pencils, colored pencils, pencils for painting and drawing, chalks and writing implements, erasers, arts and craft paint kits, painting palettes, drawing boards, pen and pencil holders, pen and pencil cases, (deleted paint boxes), ink stamps, rubber stamps, stamp inks, stamp pads; Stencils; Stencil cases; Pens; Pencils; Writing instruments; Pouches for writing instruments; Pen and pencil cases; Pen and pencil boxes; Desktop organizers; Boxes of paper or cardboard; Stationery boxes; Coasters of paper; Removable tattoo transfers; Temporary tattoo transfers; Party ornaments of paper; Printed greeting cards; Gift bags; Paper gift bag tags; Paper hang tags; Cardboard hang tags; Paper napkins; Disposable napkins; Paper gift cards; Non-magnetically encoded gift cards; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets in the fields of entertainment, music and musical entertainment; Printed publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and pamphlets in the fields of performing and visual arts; Printed song books; Printed sheet music; Printed coloring books

 

Class 041:

Entertainment services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Fan club services; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings in the fields of entertainment, music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings relating to a musical artist and entertainer; Providing a website featuring news and non-downloadable articles in the fields of entertainment, music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Online journals in the nature of blogs in the fields of entertainment, music and musical entertainment; Online journals in the nature of blogs relating to a musical artist and entertainer; Online journals in the nature of blogs on the topics of entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles in the fields entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Providing online non-downloadable music; Providing online non-downloadable music videos; Providing online non-downloadable videos featuring pre-recorded musical performances; Providing online non-downloadable videos featuring stage performances by a musical artist and entertainer; Providing online non-downloadable videos featuring public appearances by a musical artist and entertainer; Providing online non-downloadable videos featuring interviews with a musical artist and entertainer; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to a musical artist and entertainer; Providing online non-downloadable electronic newsletters in the fields of entertainment, music and musical entertainment; Providing online electronic non-downloadable newsletters relating to a musical artist and entertainer; Educational services, namely, live and online instruction in the fields of entertainment, music and musical entertainment, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing programs, classes, conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of entertainment, music and musical entertainment, and distribution of materials in connection therewith; Providing online non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of entertainment, music and musical entertainment; Providing instruction in the fields of entertainment, music and musical entertainment via global communication networks; Providing online non-downloadable electronic educational newsletters in the fields of entertainment, music and musical entertainment; Providing temporary use of non-downloadable computer games; Providing temporary use of non-downloadable electronic games; Arranging and conducting contests and sweepstakes; Arranging and conducting contests and sweepstakes services provided via global communications networks

 

All refusals are withdrawn.  Once entered the application will be approved for publication.

 

 

/Tricia Sonneborn/

Examining Attorney – Law Office 110

United States Patent & Trademark Office

(571) 272-9225

tricia.sonneborn@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 05, 2022 for

U.S. Trademark Application Serial No. 90786432

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You may be required to respond to this Office action.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action, if a response is required.  Respond by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address to ensure you receive important USPTO notices about your application.

 

·         Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·         Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.