To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
`
`U.S. TRADEMARK APPLICATION NO. 87914216 - DYNAMIC CANVAS - 118383-4019
`
`9/12/2018 3:25:55 PM
`
`ECOM126@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87914216*
`
`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.   87914216
`
`           
`
`MARK: DYNAMIC
`CANVAS
`
`CORRESPONDENT
`ADDRESS:
`  
`       ALEXANDER J.A.
`GARCIA, THOMAS L. HOLT
`AN
`  
`       PERKINS COIE LLP
`         1201 THIRD AVENUE,
`SUITE 4900
`           SEATTLE, WA 98101
`    
`   
`APPLICANT: Panasonic
`Corporation of North America
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  118383-4019
`CORRESPONDENT E-
`
`   
`
`MAIL ADDRESS:       
`
`pctrademarks@perkinscoie.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.   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: 9/12/2018
`
`INTRODUCTION
`
` 
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`  
`

`

`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SEARCH OF OFFICE’S DATABASE OF MARKS
`
`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).
`
`SUMMARY OF ISSUES:
`Disclaimer
`
`DISCLAIMER
`
`Applicant must disclaim the wording “DYNAMIC” because it merely describes a feature of applicant’s goods, and thus is an unregistrable
`component of the mark.  See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103
`USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004));
`
`TMEP §§1213, 1213.03(a).  
`
`“DYNAMIC” is defined as a process or system characterized by constant change, activity, or progress.   See attached dictionary definition from
`Oxford.  Applicant’s goods are identified as an “interface software used to control large-scale video boards at live events”.
`  The attached
`evidence from applicant’s website shows this wording is commonly used in connection with similar goods.   Specifically, the website states,
`“With a dynamic video board, you can work in tons of different sponsorships and promotions that show up at different points in the game.   See
`attached screenshot.  Therefore, the wording “DYNAMIC” merely describes a feature of applicant’s goods because applicant offers interface
`software that allows constant change, activity, or progress of large-scale video boards at live events.
`
`An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace.  See
`Dena Corp. v. Belvedere Int’l, Inc. , 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825
`(TTAB 1983).  A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove
`the disclaimed matter from the mark.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP
`
`§1213.  
`
`If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark.  See In re Stereotaxis Inc., 429 F.3d
`1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).
`
`Applicant should submit a disclaimer in the following standardized format:
`
`No claim is made to the exclusive right to use “DYNAMIC” apart from the mark as shown.
`
`For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application
`System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/disclaimer.jsp.
`
`GENERAL RESPONSE GUIDELINES
`
`For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action
`includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. 
`Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully.  To
`respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.  For more
`information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “ Responding to
`Office Actions” on the USPTO’s website.
`
`If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the
`application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP
`§§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R.
`§§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
`
`When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application,
`which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  The petition must be filed within
`
` 
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`

`

`two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System
`(TEAS) with a $100 fee.  See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
`
`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
`
`this additional fee.   
`
`CONTACT INFORMATION
`
`Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by
`examiner’s amendment.  Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone
`or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application
`in condition for publication for opposition, issuance of a registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.
`
`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
`
`/Brittany Johnson/
`/Brittany Johnson/
`Examining Attorney
`Law Office 126
`(571) 270-3731
`brittany.johnson@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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`

`nt‘tDs Hen oxrorddrctronarres com/derrnrtron/us/d namrc
`
`09/12/2018 08 30 46 AM
`
`DICTIONAR‘
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`THE SAURUS
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`GRAMMAR
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`EXPLORE
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`WORD OF THE YEAR
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`FORUM BLOG
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`HOME ) Nurm ANSHCEH English ) dynamic
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`Definnioii of dynamic in US English:
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`dynamic
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`(ofa process or system) characterized by mnslanl change, aclivtty, or progress
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`UQ/l 2/2018 08 30 46 AM
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`2
`
`(of a person) positive in aflilude and full uf energy and new ideas
`‘she's dynamic and determined'
`+ Mme example sentences
`+ Synuiiyrns
`3 Relating to the volume of sound produced by an instrument, voice, or recording
`‘an wounding dynamic range‘
`+ Mme example sentences
`4 Electronics
`(of a memory devrce) needing to be refreshed by the periodic application of a voltage
`
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`1 A force that stimulates change or progress Within a system or process,
`‘evalualiun is part ofthe basil: dynamic of the pmject’
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`2 Music
`another term for dynamics (serge 3)
`
`Origin
`Early 19th century (as a term in physics) from French dynamique, from Greek dunamikosv {rum
`dunamls ‘power‘
`
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`Further reading
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`hops //info Danasonic com/ColleqerVideoeBoards htrnl
`
`09/12/2018 08 :57 38 AM
`
`fimmmmc
`
`BOARDS
`Division llI
`
`The right video board can breathe new life into a college‘s stadium arena or any other
`space where sports are played It Improves fan experiences and provides new
`opportunities for sponsorships Perhaps most important of all new technologies entice
`and Inspire the best student athletes as you recruit foryour program
`Fortunately, costs ofa high-tech. high-resolution LED video board solution have
`decreased in recent yearsieven as the technology itself has improved by leaps and
`bounds That means advanced in-game tech engineered and installed by Panasonic
`is no longer resented only for top-earning sports
`ln a digitaleoriven world boosting your programs inrgame technology is a WlSe
`investment whether your school is headed for March Madness or happily playing in
`
`

`

`ht‘tos mnfo Danasonio com/ColleqerVioeoeBoaros html
`
`09/12/2018 08 :57 38 AM
`
`Sponsorships and the Fan Experience
`A complete audio ideo solution, including a new highetech LED video hoard, doesn‘tiust catapult your pmgram into the Ztst century: it
`also provides opportunities for tremendous ROI through sponsorships. ticket sales, and more
`"The pricing of LED video boards has become so much more
`competitive In recent years," says Matt erter, VP of Sales and
`Marketing at Panasontc "They're now completely affordable for
`smaller programs, And it‘s a great investment especially when you
`consider the advantages for advertising,"
`Compared with antiquated tech like static boards, LED displays
`provide infinite possibilities for ad space and sponsorships that can
`be sliced and diced any way you like. “A new video display opens
`up new opportunities to sell different types Eddynamic ad space,’
`says Ritter, 'In the past, you might have had a stab: board that a
`sponsor buys for the enhre season That limit: your opfions, and it
`can also pncF. niitsmalter, local spnnsnrs with a dynamic viden
`board‘ you can work In tons of drfierent sponsorships and
`
`promotions that show up at different points in the game," Panasonic’s solutions also greatty enhance the ingame expenence
`
`for tans—whether lifelong or simply tagging along ln fact, some of its happiest customers are minor league hockey and baseball teams
`where enviable tan experiences have boosted sales and bmught in thousands of new tans
`
`A Boon for Recruiting
`More than anything else, coilege athletic directors cfle a surprising reason to upgrade your tech recruiting A dauling, cuttingeedge
`wluliuii [ruin Panasonic [an be [he clinching elellieiil Uta winning pillzli
`“Great tech can help you to really connectwrth athletes,” says Rmer “There are so many possibilities, When student athletes come to
`visit, you can play Video highlights from their high school career, and even throw their stats up on the board The younger generation
`realty Em that, and It helps com the team and the students It) succeed,“
`It‘s a gesture that simultaneously welcomes and wows digital natives, while providing a competitive advantage to colleges and directors
`looking to build a reputation by recruiting talented, highcharacter athletes
`
`A Sound Investment
`
`

`

`09/12/2018 08 :57 38 AM
`ht‘tDs mnfo Danasonic com/ColleqerVideoeBoards html
`
`lnstatling a new video board solution IS one ofthe smartest investments your program can make, In terms of both dollars and your
`pmgram‘s reputation The bes1 part? It doesn't need to break the bank
`To begin With, LED Video boards cost much, much less than they
`did a decade agu~and in most cases, your donors Will want to
`help fund the project, because new technology reflects well on
`your school and its programs, (Afier all, college donors are oflen
`your pigges1 tans!)
`Still, there are several funding options to help athletic directors
`deveiop a new system “Panasonic has financing options
`available to those who need them," says Rifler “That allows you
`to pay for file investment over time as you earn money from
`
`sponsorships, ticket sales, and so on "
`
`When you consider funding options and the possible return on your investment, installing or upgrading your system suddenly seems
`like a noebrainer By investing in a Video solution from Panasonic today, you’ll ensure great returns for your sports program for years to
`come, while contnhuting to a college sports legacy that could last even longer
`
`FREE sumsPM
`BUYER'S GUIDE _T a?
`
`GET THE
`
`Have questions or need more information?
`Please Contact us Via email at enterprise@us,panasunic corn or prowde your contact infonna‘lion using the form on this page,
`
`Panasonic
`us panasonii; com/avsolutions
`enterprise@us,panasonicmm
`
`unwemn FirinumeEmlusegamma”.- ”new“: pm“ ta mumakflfiznzmmcnmm
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
`
`U.S. TRADEMARK APPLICATION NO. 87914216 - DYNAMIC CANVAS - 118383-4019
`
`9/12/2018 3:25:56 PM
`
`ECOM126@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 9/12/2018 FOR U.S. APPLICATION SERIAL NO. 87914216
`
`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 9/12/2018 (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
`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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