To:
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`Subject:
`
`Sent:
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`Sent As:
`
`Attachments:
`
`PANASONIC CORPORATION (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 86934396 - 20651.0017US
`
`6/17/2016 2:56:47 PM
`
`ECOM115@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL NO.   86934396
`
`           
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`MARK:
`
`CORRESPONDENT ADDRESS:
`  
`       SARAH G. VOELLER
`  
`       HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
`         45 SOUTH SEVENTH STREET, SUITE 2700
`           MINNEAPOLIS, MN 55402
`    
`   
`APPLICANT: PANASONIC CORPORATION
`
`*86934396*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`    
`CORRESPONDENT’S REFERENCE/DOCKET NO :       
`CORRESPONDENT E-MAIL ADDRESS:   
`
`  20651.0017US
`
`   
`
`trademark@hsml.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`ISSUE/MAILING DATE: 6/17/2016
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application
`online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
`Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
`and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b),
`2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
`$50 per international class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain
`situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without
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`incurring this additional fee.  
`
`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.
`
`Mark Description
`
`The description of the mark is accurate but incomplete because it does not describe all the significant aspects of the applied-for mark. 
`Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal
`
`elements as well as any design elements.  See 37 C.F.R. §2.37; TMEP §§808 et seq.  
`
`Therefore, applicant must provide a more complete description of the applied-for mark.  The following is suggested:
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`The mark consists of a stylized smart phone with a stylized thumb across the lower right corner and three stars across the upper left
`corner.
`
`Identification of Goods and Services
`
`Class 9
`
`The wording “Downloadable electronic data files, namely video, music, image, text and sound” in the identification of goods is indefinite and
`must be clarified because it does not specify sufficient information about the content of the files.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 
`Applicant may substitute the following wording, if accurate:  “Downloadable electronic data files, featuring music, music videos, videos about
`(specify topics), (specify others by content).”
`
`Class 38
`
`The wording “Telecommunication services enabling users to upload and download electronic video, music, image, text and sound files” in the
`identification of services is indefinite and must be clarified because telecommunications services are classified in class 38 as access providers,
`but web sites that provide the uploading and downloading services are in Class 42.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may
`substitute the following wording, if accurate:  Providing access to telecommunication networks in Class 38; Providing a website allowing users to
`upload and download music, music videos, entertainment videos, texts and sound files in Class 42.
`
`The wording “Rental of mobile phones and routers” in the identification of services is indefinite and must be clarified because it must indicate
`that the routers are wireless communications devices.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following
`wording, if accurate:  Rental of mobile phones and wireless routers.
`
`The wording “Consultancy services relating to VLC (visible light communications)” in the identification of services is indefinite and must be
`clarified because the parenthetical is improper and the field of use is insufficient.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may
`substitute the following wording, if accurate:  Consultancy services relating to providing visible light communications networks.
`
`Class 42
`
`The wording “Platform as a service (PAAS) featuring computer software platforms for industrial or commercial purposes in the field of VLC
`(visible light communications) for the transmission of electronic data namely video, music, images, text and sound” in the identification of
`services is indefinite and must be clarified because the parenthetical is improper.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may
`substitute the following wording, if accurate:  Platform as a service (PAAS) featuring computer software platforms for industrial or commercial
`purposes in the field of visible light communications for the transmission of electronic data namely video, music, images, text and sound.
`
`The wording “Web hosting services” in the identification of services is indefinite and must be clarified because it must state web site hosting. 
`See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Web site hosting services.
`
`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.
`
`Search
`
`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).
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`/Howard B. Levine/
`Howard B. Levine
`Examining Attorney
`Law Office 115
`(571) 272-9188
`howard.levine@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`PANASONIC CORPORATION (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 86934396 - 20651.0017US
`
`6/17/2016 2:56:48 PM
`
`ECOM115@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 6/17/2016 FOR U.S. APPLICATION SERIAL NO. 86934396
`
`Please follow the instructions below:
`
`(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period.  Your response deadline will be calculated from 6/17/2016 (or sooner if specified in the Office action).  For information
`regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions. 
`Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System
`(TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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