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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`Notch Development AB (mail@ipcounselors.com)
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`U.S. TRADEMARK APPLICATION NO. 79145431 - MINECRAFT - 3360-501
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`11/16/2014 10:01:37 AM
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`ECOM101@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION SERIAL NO. (cid:160) 79145431
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`(cid:160)M
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`ARK: MINECRAFT
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`CORRESPONDENT ADDRESS:
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) William C. Wright
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) Epstein Drangel LLP
`(cid:160) (cid:160) (cid:160)(cid:160)(cid:160)(cid:160) 60 East 42nd Street, Ste. 2410
`(cid:160) (cid:160) (cid:160)(cid:160) (cid:160) (cid:160) New York NY 10165
`(cid:160)(cid:160)(cid:160)(cid:160)
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`APPLICANT: Notch Development AB
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`(cid:160) (cid:160)(cid:160)
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`CORRESPONDENT’S REFERENCE/DOCKET
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`*79145431*
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`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
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`(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) (cid:160) (cid:160)
`(cid:160)(cid:160)(cid:160)
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`(cid:160) 3360-501
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`NO:(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`CORRESPONDENT E-MAIL ADDRESS:(cid:160)(cid:160)(cid:160)
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`(cid:160)(cid:160)(cid:160)(cid:160) mail@ipcounselors.com
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`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.
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`OFFICE ACTION
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`(cid:160)I
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`SSUE/MAILING DATE: 11/16/2014
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`THIS IS A FINAL ACTION.
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`(cid:160)I
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`(cid:160)(cid:160)
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`NTERNATIONAL REGISTRATION NO. 1199082
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`Status
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`(cid:160)T
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`(cid:160)T
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`(cid:160)T
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`his Office action is in response to applicant’s communication filed on October 23, 2014.
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`he requirement for a claim of ownership has been met. The Section 2(f) claim has been withdrawn.
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`he following requirements are now made FINAL:(cid:160) Identification of Goods and Services.(cid:160) See 37 C.F.R. §2.64(a).
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`(cid:160)I
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`dentification of Goods and Services
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`(cid:160)T
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`he highlighted wording in the identification of goods and/or services is broad and must be clarified because it could include a variety of goods
`and/or services in each class.(cid:160) See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
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`(cid:160)T
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`he USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark.(cid:160) In re
`Fiat Grp. Mktg. & Corp. Commc’ns S.p.A , 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d
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`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)(cid:160)
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`1541, 1543-44 (Fed. Cir. 2007)).(cid:160) Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific,
`definite, clear, accurate, and concise.(cid:160) TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A , 109 USPQ2d at 1597-98; Cal.
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`Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). (cid:160)(cid:160)
`The following substitute wording is suggested, if accurate:(cid:160)(cid:160)
`
`Computer software, namely, game software; computer and video games software; interactive entertainment software, namely, computer
`and video game software; computer software downloaded or downloadable, namely, computer and video game software; electronic
`publications in the nature of books and magazines in the field of computer and video game software; downloadable computer software
`publications in the nature of manuals and user guides; data recorded electronically from the internet, namely, downloadable audio files
`and, downloadable video recordings featuring [specify subject matter]; data recorded in machine readable form from the internet
`namely, audio, computer game discs, audio, video tapes, video game cartridges, CD-ROMs, DVDs and other magnetic, electronic or
`optical media in the nature of digitally downloadable files all bearing computer games and/or audio visual content in the nature of movies,
`children's stories, music, computer and video game software; multimedia software programs recorded on CD-ROM featuring video and
`computer games; software applications, namely, computer and video game software; website applications, namely, downloadable
`computer and video game software; electronic game programs; computer peripherals; and optically recorded data for computers, namely,
`CD-ROMS, CDs, digitally downloadable audio files featuring [specify subject matter of sound recordings]; software and apparatus
`for downloading, transmitting, receiving, providing, publishing, extracting, encoding, decoding, reading, storing and organizing
`audiovisual, video-graphic and written data, namely, software for managing computer and video games for use in social networking;
`computer software for gathering, processing, monitoring, analyzing, managing and/or reporting information, namely, database
`management software, antivirus software; computer software for gathering, processing, monitoring, analyzing, managing and reporting
`information concerning usage and performance of software, computer software applications, computer and video games, websites, virtual
`worlds and audio visual content for use in the field of computer software design and computer game programming; computer software
`for gathering, processing, analyzing, managing and reporting information concerning online, internet and web site activity, namely,
`[specify exact nature of goods as “computer and video game software” is not an acceptable limitation of this identification] ;
`computer software for data mining, data query, data processing and data analysis, namely, [specify exact nature of goods as computer
`game software is not an acceptable limitation of this identification]; computer software for designing, developing, modifying and
`improving computer software, applications, computer and video games, websites and audio visual content and the marketing, promotion,
`sale, distribution, monetization and operation of the foregoing, namely, [specify exact nature of goods as computer game software is
`not an acceptable limitation of this identification]; information stored on electronic, magnetic and/or by optical means, namely,
`computer game programs; publications in electronic form supplied on-line from a database or from facilities provided on the internet or
`other networks including websites, namely, downloadable books, magazines in the field of computer and video game software; electronic
`notice boards; online database in the field of computer software, computer game programs; sound, video and data recordings, namely,
`downloadable and recorded [specify, e.g. audio files, video files, etc.] in the field of [specify, e.g. music, children’s stories, etc.] ;
`sunglasses; records, discs, tapes, cassettes, cartridges, cards and other carriers bearing or for use in bearing sound recordings, video
`recordings, data, images, games, graphics, text, programs or information, namely, blank [specify type, e.g. optical, magnetic, etc.] data
`carriers, blank flash memory cards, blank, magnetic discs; memory carriers, namely, blank flash memory cards, blank electronic memory
`boards; pre-recorded video, audio and data recording media, namely, CDs featuring music, DVDs featuring cartoons, computer and video
`game; data carriers, namely, blank [specify, e.g. magnetic, optical, etc.] data carriers and pre-recorded data carriers featuring [specify
`subject matter]; telephones, communications and telecommunications apparatus, namely, mobile telephones; computer game software
`for use on mobile telephones; mobile fitted plastic covers known as skins for protecting mobile telephones, cases and covers; non-
`printed publications, namely, [specify format, e.g. books, magazines, etc.] downloadable and recorded on computer media featuring
`[specify subject matter]; downloadable films and programmes prepared for television, about computer and video game; refrigerator
`magnets; pre-paid gift and debit cards that are magnetically encoded; parts and fittings for the aforesaid goods, in Class 009.
`
`Jewelery; precious stones and precious metals; goods coated in precious metals, namely, metal knobs, metal trophies; costume jewellery;
`badges of precious metal; brooches; bracelets; bracelets made of metal; bracelets made of leather; cufflinks; clocks; tie pins; tie clips;
`earrings; key rings of precious metal; pendants; horological and chronometric instruments including watches and clocks; wrist bands parts
`in the nature of watch bands, wrist band watches, watch faces and fittings for the aforesaid goods, in Class 014.
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`Printed matter, namely, paper, cardboard, and goods from these materials in the nature of art paper, paper flags, paper envelopes; printed
`pages downloaded from the internet, namely, books, leaflets, brochures in the field of [specify]; printed publications, namely, books in
`the field of computer and video games; books in the field of computer and video games; annuals in the field of computer and video
`games; printed publications, namely, [specify type, e.g. books, magazines, etc.] about computer and video games; comics;
`magazines in the field of computer and video games; printed redeemable vouchers and pre-paid debit, credit, gift cards, not magnetically
`encoded, newsletters in the field of computer and video games; newspapers; photo, stamp albums; periodicals in the field of computer and
`video games; journals, namely, blank journals, blank writing journals; catalogues in the field of computer and video games; manuals in
`the field of computer and video games; pamphlets in the field of computer and video games; leaflets in the field of computer and video
`games, not for advertising purposes; posters; stationery; paper, mailing and shipping, labels; address books; printed instructional and
`teaching materials in the field of computer and video games; drawings; paintings; photographs; prints; pictures; calendars; pens; pencils;
`pencil top ornaments; gift wrap cards; wrapping paper; notepads; decorative paper centerpieces; paper party decorations; greetings cards;
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`(cid:160)
`(cid:160)
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`stickers and sticker albums; plastic materials for packaging, namely, plastic bags, plastic bubble wrap; beer mats in the nature of paper
`coasters; parts and fittings for all the aforesaid goods, in Class 016.
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`(cid:160)A
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`rticles made of leather and imitation leather, namely, leather straps, leather key cases; belt, book and carry-on bags; handbags; purses;
`wallets; mesh and reusable shopping bags; sports bags; tote bags; school bags; travelling bags; backpacks; rucksacks; umbrellas;
`briefcases; purses; wallets; key cases; vanity cases, not fitted; parts and fittings for the aforesaid good, in Class 018.
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`(cid:160)H
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`ousehold or kitchen utensils and containers, namely, containers for household use, containers for food, grill cover, batter dispenser;
`chinaware, namely, plaques of china, ornaments of china, china plates; beverage glassware; porcelain mugs, cups, glasses, flower pots,
`pottery and earthenware, namely, earthenware mugs; combs; sponges, namely, scouring sponges, toilet sponges; drinking glasses; mugs;
`money boxes in the nature of piggy banks; tooth brushes; articles for cleaning purposes, namely, cleaning cloth, rags, sponges; baskets for
`domestic use, namely, plant and steamer baskets; containers for beverages, namely, glasses, mugs, bottles sold empty; bottle openers;
`ironing boards; bottles sold empty; statuettes, figurines and models in the nature of figures, busts of porcelain, terracotta, glass, china or
`earthenware; dishes; soap boxes and holders; piggy banks; pots; powder compacts and puffs; drinking vessels and flasks; paper plates; tea
`pots; egg cups; ice cube molds; candy boxes; coasters, not of paper and not being table linen; butter and wine coolers; crockery, namely,
`pots, dishes, plates, bowls; cups; tableware, namely, knives, forks, spoons, in Class 021.
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`(cid:160)A
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`rticles of clothing, namely, hats, scarves; footwear and headgear, namely, hats, caps; t-shirts; shirts; trousers; sweatshirts; jackets;
`knitwear; hats; caps; baseball caps; neckwear; belts; scarves; gloves; sweat bands for wrists; shoes; socks; garments for women, namely,
`shirts, pants, dresses; garments for men, namely, coats, ties, suits; garments for children, namely, T-Shirts, shirts, trousers, skirt, hoodies,
`cardigan, hats, caps, socks; apparel parts and fittings for all the aforesaid, in Class 025.
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`(cid:160)G
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`ames and playthings, namely, dolls, [specify type, e.g. sand, stuffed, etc.] toys; electronic games apparatus, namely, electronic
`educational game machines for children; audiovisual games on computer hardware platforms not for use with television receivers,
`namely, arcade games, arcade video game machines; hand-held computer games equipment, namely, hand-held game consoles, hand-held
`electronic games adapted for use with television receivers only; home video game machines and hand-held video game machines,
`namely, arcade type electronic video game, arcade video game machines; parts and fittings for all the aforesaid goods; board games;
`electronic game machines, namely, handheld units for playing computer and video games; game equipment sold as a unit for playing
`card games; electronic hand-held game units adapted for use with an external display screen; game equipment sold as a unit for playing a
`board game and a card game; stand-alone video output games machines, and manipulative puzzles; playing cards; board games; card
`games; three dimensional puzzles; parts and fittings for all the aforesaid goods, in Class 028.
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`Online retail store services via the internet featuring downloadable computer video games, motion pictures and music; online retail stores,
`wholesale and retail stores featuring software, computer and video games, motion pictures and music recordings; retail store services
`provided by computer communications networks and on-line retail store services on a local and/or global computer and/or
`telecommunications networks featuring a wide variety of products namely computer and video games, computer software, entertainment
`software, computer hardware, computer game and hardware accessories, books, pre-recorded media, computer peripherals, clothing,
`home wares, namely, mugs, crockery, table wear, cutlery, bedding, cushions, virtual goods in the nature of games, clothing for virtual
`characters and educational materials; online retail store services provided by communications networks connected with video content,
`featuring computer software, audio visual material, cards, music, games, software, clothing, footwear, headgear, baby clothes, children's
`clothes T-shirts, jumpers, hoodies, lanyards, caps, toys, printed matter, paper goods, magazines, books, cushions, throws, pillows, bed
`linen, duvet covers, jewelry, key rings, mugs, bags, wallets and cases, games, toys, playthings, entertainment products, in the nature of
`games, playthings, educational products, in the nature of books, educational games; advertising, marketing and promotion services;
`advertising provided on-line, from computer databases, and internet and communications networks; providing advertising space on the
`Internet and in mobile telephone applications and rental of advertising space; dissemination of advertising material; promotion of
`goods and services of others via an on-line service with links to the websites and online services of other retail store services provided via
`communications networks featuring computer, electronic and entertainment products; publicity services; arranging, organizing and
`conducting exhibitions and events featuring a variety of activities for promotional purposes; services for the marketing, promotion, sale
`and retail services relating to computer software, applications, computer and video games and audio visual content, namely, retail stores
`featuring computer game software and video games; online retail services computer software, computer software applications, computer
`and video games and audio visual content, namely, online retail stores featuring computer games and downloadable videos; business data
`analysis services; consumer research services for research relating to customer behavior, satisfaction, attitude, effectiveness;
`computerized database management; marketing services in the nature of marketing data integration; data storage services, namely,
`[specify exact nature of services, e.g. arranging for storage of marketing documents, etc.]; data processing services; advertising and
`promotional services; the foregoing provided by individuals, computers, a network of interconnected computers or by remote
`communications devices; information, advisory and consultancy services relating to the foregoing, in Class 035.
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`Providing online access to computer networks, computer databases, the internet, on-line bulletin boards, and electronic sites featuring
`virtual worlds, servers, virtual worlds including user generated characters, and libraries of text, graphics and audio-visual and multimedia
`information and entertainment; providing on-line electronic bulletin board services and chat rooms; providing of an on-line service
`enabling physically remote players of electronic games to communicate with selected players, namely, providing an online forum for
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`(cid:160)
`(cid:160)
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`discussing computer games, providing an online forum for trading goods for use in computer games; telecommunication and
`broadcasting services, namely, [specify services in Class 038]; broadcasting via the internet, mobile phone networks and other
`telecommunications networks, namely, audio and video broadcasting, radio broadcasting, wireless broadcasting; telecommunication
`services for the collection and supply of information, namely, computer aided transmission of information and messages, information
`transmission via digital networks; (cid:160) electronic transmission of data and information via a global computer network; providing user access
`to Internet and computer networks for downloading computer software and information; transmission of information via local and/or
`global computer and/or telecommunication networks; providing access to remote data storage and data stored electronically on servers;
`providing access to advertising, news, information and audio, video, text and other multimedia content, via local and/or global computer
`and/or telecommunications networks; provision of electronic communication links, namely, providing online communications links
`which transfer the website user to other global web pages; provision of telecommunications connections and access to the internet and/or
`computer databases; receipt and/or delivery of messages, documents and other data by electronic transmission; providing on-line chat
`rooms for transmission of messages among computer users concerning topics; communication and broadcasting of information and
`advertising by computer, computer terminals, the internet, television, mobile communications device, telegraphy, telephone, wireless
`communications device or other electronic means, namely, video on demand services, digital communications networks; internet
`communication services, namely, transmission of data via the Internet; (cid:160) audio visual communication services, namely, transmission of
`voice audio and visual images by telecommunications networks, transmission of data via the Internet; communication services for the
`transmission of advertising, images, text and data, information, voices, sound and data, namely, transfer of data via radio, telegraph,
`telephone, via the internet telecommunications; audio, radio, television broadcasting via the internet, mobile phone networks and other
`telecommunications networks; electronic transmission of data and information via a global computer network; providing user access to a
`worldwide computer and/or telecommunications networks for downloading computer software and information; transmission of
`information via local and/or global computer and/or telecommunication networks; providing access to advertising, news, information and
`audio, video, text and other multimedia content, via local and/or global computer and/or telecommunications networks; provision of
`electronic communication links, namely, providing online communications links which transfer the website user to other global web
`pages, telecommunications gateway services; provision of telecommunications connections and access to the internet and/or computer
`databases; receipt and/or delivery of messages, documents and other data by electronic transmission; communication and broadcasting of
`information and advertising by computer, computer terminals, the internet, television, mobile communications device, telegraphy,
`telephone, wireless communications device or other electronic means, namely, transmission of advertising programs via digital
`communications networks; internet communication services, namely, transmission of data via the Internet; audio visual communication
`services, namely, electronic transmission of data via the Internet; communication services for the transmission of advertising, images,
`text and data, information, voices, sound and data, namely, communications via radio, telegraph, telephone transmissions; provision of
`information relating to telecommunications; providing voice over internet protocol (VOIP) peer-to-peer communications, electronic
`transmission of data and documents over computer terminals and instant messaging services; providing a high speed access to area
`networks and a global computer information network; provision access to a website or interactive community for users to share personal
`news, data, information, content, photos, audio and video, interests, activities and opinions and/or to receive feedback others;
`information, advisory and consultancy services relating to the foregoing, in Class 038.
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`(cid:160)E
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`ntertainment and education services, namely, providing online electronic, computer and video games provided by means of the
`internet; online video, computer game services provided via a computer network; organizing of games in the nature of computer and
`video game competitions; providing non-downloadable games and/or educational entertainment services, namely, providing online
`computer games, providing temporary use of non-downloadable video games; education and entertainment services provided by
`computer networks, television, mobile telephone, cable and other electronic means, namely, providing online computer games;
`presentation, preparation of special effects, editing and production of cinematographic, televisual, digital and motion picture films, radio
`and television programs; Multimedia publishing of computer and video games and computer and video games software; entertainment
`information in the nature of customized web pages featuring game player information, including information regarding a player's identity
`and the player's preferences; multimedia publishing of entertainment and/or educational software; arranging, organizing and conducting
`conferences and seminars for educational purposes; entertainment services in the form of television programs, radio, cable, satellite and
`internet programs about computer and video games; production and presentation of television programs, shows, films, videos and DVDs
`about computer and video games; providing a website featuring online non-downloadable computer and video games, online
`computer and video games, educational services relating to entertainment, namely, providing entertainment information about
`computer and video games; information about (cid:160) entertainment and education provided on-line from a computer database or the internet or
`by communications satellite, microwave or other electronic, digital or analogue media; magazine and newspaper publishing;
`organization, production and presentation of events for educational, cultural or entertainment purposes, namely, [specify exact nature of
`services, e.g. organizing and conducting computer game competitions, etc.]; organization, production and presentation of
`competitions, contests, games, game shows, quizzes, fun days, exhibitions, shows, roadshows, staged events, live performances and
`participation events, namely, organizing athletic, organizing events in the field of computer games for educational purposes and
`organizing swimming meets; internet based games, namely, providing online computer games, providing online video games; booking of
`tickets for entertainment events, namely, booking of tickets for athletic events; information and advisory services relating to any of the
`aforesaid services; advisory and consultancy services in connection with the foregoing, in Class 041.
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`(cid:160)C
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`omputer aided engineering services for others; software development, design, maintenance, programming, engineering, research and
`writing services; advisory and consultancy services relating to computer software and computer software development, design,
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`maintenance, consultancy, programming, engineering, research and writing; computer software development, design, maintenance,
`consultancy, programming, engineering, research and writing; computer and video games development; creation of computer graphics;
`computer game design; design and development services in relation to computer and video games and interactive entertainment products;
`design services relating to the production of computer and video games and interactive entertainment products; social network software
`and virtual worlds software development, hosting and management for others; troubleshooting of computer software problems including
`services for gathering, processing, monitoring, analyzing, managing and/or reporting information concerning usage and performance of
`software, applications, computer and video games, websites, virtual worlds and computer based audio visual content; troubleshooting of
`computer web applications including computer services for gathering, processing, analyzing, managing and reporting information
`concerning online, internet and web site activity; computer services for data mining and data analysis, in the nature of [specify type, e.g.
`water meter reading data analysis, market data analysis, etc.] services; (cid:160) software development including services for designing,
`developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content;
`development of computer software that performs the above functions to others; software development, design, maintenance, software
`programming, engineering, research and writing in the field of computer and video games; advisory and consultancy services relating to
`computer and video games software; troubleshooting in the nature of collection, analysis and reporting of data concerning usage and
`performance of software, applications, computer and video games, websites, virtual worlds and audio visual content; computerized data
`management service, namely, software development; technical information, advisory and consultancy services relating to use of computer
`software applications, computer and video, consultancy services relating to the foregoing, in Class 042.
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`(cid:160)O
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`n-line social networking services; personal and social services rendered by others to meet the needs of individuals, namely, online
`social networking services; online social networking services; security services for the protection of property and individuals, namely,
`[specify exact nature of services in Class 045], in Class 045.
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`(cid:160)I
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`n an application filed under Trademark Act Section 66(a), the scope of the identification for purposes of permissible amendments is limited by
`the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau).(cid:160) 37 C.F.R.
`§2.85(f); TMEP §§1402.07(a), 1904.02(c).(cid:160) If an applicant amends an identification to a class other than that assigned by the International
`Bureau, the amendment will not be accepted because it will exceed the scope and those goods and/or services will no longer have a basis for
`registration under U.S. law.(cid:160) TMEP §§1402.01(c), 1904.02(c).
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`(cid:160)I
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`n addition, in a Section 66(a) application, an applicant may not change the classification of goods and/or services from that assigned by the
`International Bureau in the corresponding international registration.(cid:160) 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1402.01(c).(cid:160) Further, in a
`multiple-class Section 66(a) application, an applicant may not transfer goods and/or services from one existing international class to another.(cid:160) 37
`
`C.F.R. §2.85(d); TMEP §§1401.03(d), 1402.01(c).(cid:160)(cid:160)
`
`For guidance on writing identifications of goods and/or services, please use the USPTO’s online ID Manual at
`http://tess2.uspto.gov/netahtml/tidm.html, which is continually updated in accordance with prevailing rules and policies.(cid:160) See TMEP §1402.04.
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`(cid:160)P
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`roper Response To Final Office Action
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`(cid:160)A
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`pplicant must respond within six months of the date of issuance of this final Office action or the following goods and/or services to which the
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`final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment: (cid:160)(cid:160)
`
`“ computer software publications in the nature of manuals, user guides; data recorded electronically from the internet, namely,
`downloadable audio files, downloadable video recordings; computer and video game software; and optically recorded data for
`computers, namely, CD-ROMS, CDs, digitally downloadable files; and apparatus for downloading, transmitting, receiving, providing,
`publishing, extracting, encoding, decoding, reading, storing and organizing audiovisual, video-graphic and written data, namely, software
`for computer and video games managing, for use in social networking; computer software for gathering, processing, analyzing, managing
`and reporting information concerning online, internet and web site activity, namely, computer and video game software; computer
`software for data mining, data query, data processing and data analysis, namely, computer and video game software; computer software
`for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio
`visual content and the marketing, promotion, sale, distribution, monetization and operation of the foregoing, namely, computer game
`software, virtual reality game software; sound, video and data recordings, namely, downloadable and recorded; blank data carriers, pre-
`recorded data carriers, skins, fascia, non-printed publications, books, leaflets, brochures, printed publications, namely, computer and
`video games; electronic game machines, namely, computer and video games; providing advertising space in apps and applications, data
`storage services, namely, in the nature of marketing, telecommunication and broadcasting services, namely, computer and video games
`entertainment services; communication services for the transmission of advertising, images, text and data, information, voices, sound and
`data, namely, radio, telegraph, telephone, via the internet; communication and broadcasting of information and advertising by computer,
`computer terminals, the internet, television, mobile communications device, telegraphy, telephone, wireless communications device or
`other electronic means, namely, digital communications networks; communication services for the transmission of advertising, images,
`text and data, information, voices, sound and data, namely, radio, telegraph, telephone; organizing of games in the nature of computer and
`video game; Entertainment and education services, namely, providing online electronic, computer and video games provided by means of
`mobile telecommunications and other remote communications devices; education and entertainment services provided by computer
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`

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`networks, television, mobile telephone, cable and other electronic means, namely, computer and video games; production and
`presentation of television programs, shows, films, videos and DVDs all featuring computer and video games; educational services relating
`to entertainment, namely, computer and video games; information entertainment and education provided on-line from a computer
`database or the internet or by communications satellite, microwave or other electronic, digital or analogue media; organization,
`production and presentation of events for e