UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 8/14/2009

 

 

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.

 

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.

 

CLAIM OF OWNERSHIP

 

If applicant is the owner of U.S. Registration Nos. 3429635, 3439210 and 3439211, then applicant must submit a claim of ownership.  See 37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration Nos. 3429635, 3439210 and 3439211.

 

IDENTIFICATION OF SERVICES: THIS REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN

 

 

The identification of services is indefinite and must be clarified because certain activities require additional information.  See TMEP §1402.01.  Applicant may adopt the following identification, if accurate:  Entertainment services in the nature of live musical performances; entertainment services consisting of providing a Web site featuring pre-recorded musical performances, news releases, articles, reviews, photographs, and other information and multi-media materials in the nature of [applicant must specify the type of multi-media materials] relating to a performing and recording musical artist; entertainment services, namely, providing information via a global communications network relating to music and musical entertainment; entertainment services, namely, conducting contests; providing non-downloadable playback digital music via a global communications network; fan club services. 

 

Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.

 

GENERAL INFORMATION :

 

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

 

 

 

 

/Won T. Oh/

Law Office 114

email: won.oh@uspto.gov

(571) 272-9204

Fax: (571) 273 – 9114

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.