To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Avionics Corporation (docketing@procopio.com)
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`U.S. TRADEMARK APPLICATION NO. 87357816 - NEXT - 10647501US01
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`11/11/2017 7:05:19 PM
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`ECOM109@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`*87357816*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87357816
`
`           
`
`MARK: NEXT
`
`CORRESPONDENT
`ADDRESS:
`  
`       Lisel M. Ferguson
`
`       PROCOPIO, CORY,
`  
`HARGREAVES &
`SAVITCH, LL
`
`         525 B STREET,
`SUITE 2200
`
`           SAN DIEGO CA
`92101
`
`    
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`   
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`APPLICANT: Panasonic
`Avionics Corporation
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`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
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`   
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`NO:       
`MAIL ADDRESS:       
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`  10647501US01
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`CORRESPONDENT E-
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`docketing@procopio.com
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`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.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 11/11/2017
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`This application was approved for publication on 09/18/17.  See 37 C.F.R. §2.80.  However, approval of the application has been withdrawn to
`address the issue(s) below.  See TMEP §706.01.  The trademark examining attorney apologizes for any inconvenience this may cause applicant.
`
`Regarding the Class 41 identification of services:  The wording "Entertainment services, namely, providing movies, television programs, audio
`programs, video programs, radio programs, news, in-cabin services, and electronic games via the Internet, via an onboard, inflight or in transit
`entertainment system on land vehicles, marine vessels, offshore oil platforms, and aircraft, and on-line from Internet television and radio" and
`"entertainment services, namely, providing onboard, inflight, and in transit entertainment services on land vehicles, marine vessels, offshore oil
`platforms, and aircraft featuring movies, television programs, audio programs, video programs, radio programs, news, in-cabin services, and
`electronic games" are indefinite and overbroad.
`
`The subject matter of the television, audio, video, radio programs must be specified. Further, the type of in-cabin services must be indicated. This
`wording encompasses providing flight arrival and departure information in Class 39 and providing television comedy shows, movies in Class 41.
`
`Also, "news" is indefinite. News services are classified based on the subject matter of the news. For example, providing news in the field of
`politics is in Class 35, providing sports news is in Class 41, and providing news in the field of fashion is in Class 45. The subject matter of the
`news must be specified and classified accordingly.
`
`In addition, for "entertainment services, namely, providing onboard, inflight, and in transit entertainment services on land vehicles, marine
`vessels, offshore oil platforms, and aircraft featuring movies, television programs, audio programs, video programs, radio programs, news, in-
`cabin services, and electronic games" it is not clear that these items are not downloadable. Downloadable movies, television, radio, radio
`programs, games are in Class 9 and non-downloadable ones are in Class 41. Applicant must clarify the IDs and re-classify, if necessary.
`
`IDENTIFICATION/CLASSIFICATION OF SERVICES
`
`The identification/classification of services is indefinite and must be clarified because the nature of the services cannot be ascertained and
`
`accurately classified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  
`Applicant may adopt the following identification, if accurate:  
`
`“Providing political news via the Internet, via an onboard, inflight or in transit entertainment system on land vehicles, marine
`vessels, offshore oil platforms, and aircraft, and on-line from Internet television and radio.”
`
`           
`
`International Class 35.
`
`“ Providing in-cabin services, namely, providing flight arrival and departure information.”
`
`           
`
`International Class 39.
`
`“Entertainment services, namely, providing movies, television programs, audio programs, video programs, radio programs, sports news,
`in-cabin services, namely, {specify and correctly classify in-cabin services}, and electronic games, all in the field of {indicate subject
`matter of the programs, movies and news} provided via the Internet, via an onboard, inflight or in transit entertainment system on land
`vehicles, marine vessels, offshore oil platforms, and aircraft, and on-line from Internet television and radio; entertainment services,
`namely, providing onboard, inflight, and in transit entertainment services on land vehicles, marine vessels, offshore oil platforms, and
`aircraft featuring movies, television programs, audio programs, video programs, radio programs, {specify the type of news} news, in-
`cabin services, and electronic games, all in the field of {indicate subject matter of the programs, movies and news}.”
`
`International Class 41.
`
`“ Providing fashion news via the Internet, via an onboard, inflight or in transit entertainment system on land vehicles, marine
`vessels, offshore oil platforms, and aircraft, and on-line from Internet television and radio.”
`
`International Class 45.
`
`           
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`           
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`                       
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`                       
`
`The current identifications for Classes 9, 35, 38 and 42 are acceptable.  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
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`§1402.04.
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`Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services
`beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods
`and/or services may not later be reinserted.  See TMEP §1402.07(e).
`
`The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below
`for each international class based on Trademark Act Section 1(b):
`
`(1)      
`
`(2)      
`
`List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest
`numbered class.
`
`Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule).   The
`application identifies goods and/or services that are classified in at least 6 classes; however, applicant submitted a fees sufficient for
`only 5 classes.   Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application
`to the number of classes covered by the fees already paid.
`
`See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
`
`See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark
`Electronic Application System (TEAS) form.
`
`PLEASE NOTE:  Applicant is encouraged to telephone or email (Tracy.Cross@uspto.gov) the trademark examining attorney to resolve the
`issues raised above, if a new class is not being added.  Formal responses are not accepted via email.  However, in this case, the examining
`attorney will issue an examiner’s amendment based upon the applicant’s informal email communication.
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail
`communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
`Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 
`Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this
`Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02,
`709.06.
`
`RESPONSE GUIDELINES
`
`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 $125
`per 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 or e-mail without incurring
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`this additional fee.     
`
`/Tracy Cross/
`
`Examining Attorney
`
`Law Office 109
`
`(571) 272-9271
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`Tracy.Cross@uspto.gov
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`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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`

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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Avionics Corporation (docketing@procopio.com)
`
`U.S. TRADEMARK APPLICATION NO. 87357816 - NEXT - 10647501US01
`
`11/11/2017 7:05:20 PM
`
`ECOM109@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 11/11/2017 FOR U.S. APPLICATION SERIAL NO. 87357816
`
`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 11/11/2017 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   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 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
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`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.
`
`  
`