Offc Action Outgoing

ROYAL

Royal Markets Inc.

U.S. Trademark Application Serial No. 90887795 - ROYAL - N/A

To: Royal Markets Inc. (tmdocketing@jayaramlaw.com)
Subject: U.S. Trademark Application Serial No. 90887795 - ROYAL - N/A
Sent: May 26, 2022 03:11:52 PM
Sent As: ecom125@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 90887795

 

Mark:  ROYAL

 

 

 

 

Correspondence Address: 

Vivek Jayaram

Jayaram Law Group, Ltd. DBA Jayaram Law,

125 South Clark Street, Suite 1175

Chicago IL 60603

 

 

 

Applicant:  Royal Markets Inc.

 

 

 

Reference/Docket No. N/A

 

Correspondence Email Address: 

 tmdocketing@jayaramlaw.com

 

 

 

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 26, 2022

 

INTRODUCTION

 

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 OF GOODS AND SERVICES REQUIRES AMENDMENT

 

The wording “Digital materials, namely, non-fungible tokens (NFTs); digital materials, namely, downloadable non-fungible tokens (NFTs), digital tokens, digital stickers, digital trading cards, and downloadable multimedia files containing digital collectable tokens featuring artwork, text, audio, music, and videos; digital media, namely, downloadable audio-visual media content in the fields of entertainment, music, music videos, and videos; digital media, namely, downloadable media content in the fields of entertainment, music, music videos, and videos; downloadable digital media, namely, digital collectibles created with blockchain-based software technology; downloadable computer software for accessing, reading, and tracking information in the field of non-fungible tokens (NFTs) on a blockchain” in the identification of goods is indefinite and must be clarified because the entries must specify the particular nature of the "non-fungible tokens" "media content" and "digital collectibles". That is, applicant must clarify that these are downloadable multimedia filed which are authenticated by non-fungible tokens. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:

 

International Class 009: Digital materials, namely, downloadable multimedia file containing artwork relating to {indicate field or subject matter of file} authenticated by non-fungible tokens (NFTs); digital materials, namely, downloadable multimedia file containing artwork relating to {indicate field or subject matter of file} authenticated by non-fungible tokens (NFTs), digital tokens, digital stickers, digital trading cards, and downloadable multimedia files containing digital collectable tokens featuring artwork, text, audio, music, and videos; digital media, namely, downloadable audio-visual media content in the nature of downloadable multimedia files in the fields of entertainment, music, music videos, and videos; digital media, namely, downloadable media content in the nature of downloadable multimedia files in the fields of entertainment, music, music videos, and videos; downloadable digital media, namely, digital collectibles  in the nature of downloadable multimedia files featuring music created with blockchain-based software technology; downloadable computer software for accessing, reading, and tracking information in the field of non-fungible tokens (NFTs) on a blockchain; downloadable computer software for managing cryptocurrency transactions using blockchain technology; downloadable computer software for managing and validating cryptocurrency transactions using blockchain-based smart contracts; downloadable computer software for managing and verifying cryptocurrency transactions on a blockchain; downloadable software for blockchain-based inventory management; downloadable software for creating, editing, viewing, storing, accessing, broadcasting, trading, sending, receiving, and transferring non-fungible tokens (NFTs), digital tokens, digital stickers, digital trading cards; downloadable software for creating, editing, viewing, storing, accessing, broadcasting, trading, sending, receiving, and transferring non-fungible tokens (NFTs) in the field of music; digital media, namely, downloadable multimedia files featuring videos, music and movies; downloadable software for enabling users to electronically create, exchange, store, send, receive, accept, and transmit digital, cryptographic, or non-fungible tokens and assets based on the block chain technology, smart contracts, or decentralized autonomous organizations; downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain-based software technology and smart contracts, featuring musicians, bands, albums, music, singles, music videos, photos, videos, and experiences in the field of music; downloadable digital media, namely, digital collectibles in the nature of photos, images, music, videos, and virtual experiences in the field of music and entertainment created with blockchain-based software technology and smart contracts, in the nature of photos, images, music, videos, and virtual experiences in the field of music and entertainment

 

International Class 035: acceptable

International Class 036: acceptable

International Class 041: acceptable

International Class 042: acceptable

International Class 045: acceptable

 

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

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services will be deleted from the application:

 

International Class 9: Digital materials, namely, non-fungible tokens (NFTs); digital materials, namely, downloadable non-fungible tokens (NFTs), digital tokens, digital stickers, digital trading cards, and downloadable multimedia files containing digital collectable tokens featuring artwork, text, audio, music, and videos; digital media, namely, downloadable audio-visual media content in the fields of entertainment, music, music videos, and videos; digital media, namely, downloadable media content in the fields of entertainment, music, music videos, and videos; downloadable digital media, namely, digital collectibles created with blockchain-based software technology downloadable digital media, namely, digital collectibles created with blockchain-based software technology and smart contracts, in the nature of photos, images, music, videos, and virtual experiences in the field of music and entertainment

 The application will then proceed with the following goods and/or services only: See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

International Class 9: 

downloadable computer software for accessing, reading, and tracking information in the field of non-fungible tokens (NFTs) on a blockchain; downloadable computer software for managing cryptocurrency transactions using blockchain technology; downloadable computer software for managing and validating cryptocurrency transactions using blockchain-based smart contracts; downloadable computer software for managing and verifying cryptocurrency transactions on a blockchain; downloadable software for blockchain-based inventory management; downloadable software for creating, editing, viewing, storing, accessing, broadcasting, trading, sending, receiving, and transferring non-fungible tokens (NFTs), digital tokens, digital stickers, digital trading cards; downloadable software for creating, editing, viewing, storing, accessing, broadcasting, trading, sending, receiving, and transferring non-fungible tokens (NFTs) in the field of music; digital media, namely, downloadable multimedia files featuring videos, music and movies; downloadable software for enabling users to electronically create, exchange, store, send, receive, accept, and transmit digital, cryptographic, or non-fungible tokens and assets based on the block chain technology, smart contracts, or decentralized autonomous organizations; downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain-based software technology and smart contracts, featuring musicians, bands, albums, music, singles, music videos, photos, videos, and experiences in the field of music;

 

International Class 35: all services

International Class 36: all services

International Class 41: all services

International Class 42: all services

International Class 45: all services

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a

 

How to respond.  Click to file a response to this nonfinal Office action.   

 

/Brendan J. Ketchum/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 125

571-272-5397

brendan.ketchum@uspto.gov

 

 

RESPONSE GUIDANCE

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

U.S. Trademark Application Serial No. 90887795 - ROYAL - N/A

To: Royal Markets Inc. (tmdocketing@jayaramlaw.com)
Subject: U.S. Trademark Application Serial No. 90887795 - ROYAL - N/A
Sent: May 26, 2022 03:11:55 PM
Sent As: ecom125@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 26, 2022 for

U.S. Trademark Application Serial No. 90887795

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action in order to avoid your application abandoning.  Follow the steps below.

 

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

 

(2)  Respond to the Office action 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.

 

 

 


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