Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  June 29, 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 Mallory Levitt, one of the applicant’s appointed attorneys, on June 29, 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).

 

AMENDED IDENTIFICATION OF SERVICES

 

The identification of services is amended to read as follows: 

 

Class 041: Entertainment services, namely, a multimedia program series featuring reality competitions distributed via various platforms across multiple forms of transmission media; Entertainment services, namely, providing nondownloadable multimedia program series featuring reality competitions via a video-on-demand service; providing entertainment information to others via a global computer network

 

See TMEP §§1402.01, 1402.01(e).

 

AMENDED MARK DESCRIPTION

 

The following description of the mark replaces the current description of record:

 

The mark consists of an oval design featuring the words "OUTWIT" and "OUTPLAY" in stylized font along the upper inner rim of the oval, and the word "OUTLAST" in stylized font along the bottom inner rim; The number “43” appears in between the words “OUTWIT” and “OUTPLAY” in the upper rim of the oval; the word “SURVIVOR” runs through the middle of the oval; there is an image of an octopus in the middle of the design with tentacles surrounding the word “SURVIVOR”; the design contains silhouettes of a man and woman with the man in the foreground holding a torch and the woman in the background holding a walking stick; there are images of palm trees, mountains, and water contained within the oval.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

/James E. Sensor/

James E. Sensor

Examining Attorney

Law Office 129

(571) 272-5202

james.sensor@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on June 29, 2022 for

U.S. Trademark Application Serial No. 97432309

 

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.