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
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Correspondence Address: Jayaram Law Group, Ltd. DBA Jayaram Law, 125 South Clark Street, Suite 1175
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Applicant: Royal Markets Inc.
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Reference/Docket No. N/A
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 26, 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.
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