USPTO: Airpods Trademark File

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  • 7/25/2019 USPTO: Airpods Trademark File

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    To: Entertainment in Flight LLC (entertainment.in.flight.llc@gmail.com)

    Subject: U.S. TRADEMARK APPLICATION NO. 86764566 - AIRPODS - N/A

    Sent: 1/13/2016 1:57:07 PM

    Sent As: ECOM105@USPTO.GOV

    Attachments:

    UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

    U.S. APPLICATION SERIAL NO. 86764566

    MARK: AIRPODS

    *86764566*CORRESPONDENT ADDRESS:

    CHRISTOPHER HARVEY

    1209 N Orange St

    Wilmington, DE 19801-1120

    CLICK HERE TO RESPOND TO THIShttp://www.uspto.gov/trademarks/teas/response_

    VIEW YOUR APPLICATION FILE

    APPLICANT: Entertainment in Flight LLC

    CORRESPONDENTS REFERENCE/DOCKET NO :

    N/A

    CORRESPONDENT E-MAIL ADDRESS:

    entertainment.in.flight.llc@gmail.com

    OFFICE ACTION

    STRICT DEADLINE TO RESPOND TO THIS LETTERTO AVOID ABANDONMENT OF APPLICANTS TRADEMARK APPLICATION, THE USPTO

    MUST RECEIVE APPLICANTS COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS

    OF THE ISSUE/MAILING DATE BELOW.

    ISSUE/MAILING DATE: 1/13/2016

    The referenced application has been reviewed by the assigned trademark examining attorney. Applicantmust 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.

    SEARCH OF OFFICES DATABASE OF MARKS

    The trademark examining attorney has searched the Offices 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; see15 U.S.C. 1052(d).

    http://tsdr.uspto.gov/#caseNumber=86764566&caseType=SERIAL_NO&searchType=documentSearchhttp://www.uspto.gov/trademarks/teas/response_forms.jspmailto:entertainment.in.flight.llc@gmail.com
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    SUMMARY OF ISSUES:

    Requirement for Acceptable Identification of Goods

    Requirement for Signed Declaration and Verification

    REQUIREMENT FOR ACCEPTABLE IDENTIFICATION/CLASSIFICATION OF GOODS

    Some of the wording in the recitation of goods must be clarified because it is indefinite and/or too broad.

    SeeTMEP 1402.01.

    The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods

    and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commcns S.p.A, 109 USPQ2d 1593,

    1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir.

    2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application

    to be specific, definite, clear, accurate, and concise. TMEP 1402.01;see In re Fiat Grp. Mktg. & Corp.

    Commcns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am. ,

    102 USPQ 321, 322 (Commr Pats. 1954).

    The wording Audio components and accessories in the identification of goods is indefinite and must be

    clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant maysubstitute the following wording, if accurate:

    Class 9: Audio components and accessories, namely, {specify the nature of the components and

    accessories by common commercial name, e.g., audio electronic components, namely, surround

    sound systems, audio headphones, etc.} .

    The wording remote control apparatus in the identification of goods is indefinite and must be clarified

    because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant may substitute

    the following wording, if accurate:

    Class 9: Remote control apparatus, namely, remote controls for {indicate specific devices, e.g.radios,televisions, stereos, etc. butnotgaming apparatuses}.

    The wording voice recording and recognition apparatus in the identification of goods is indefinite and

    must be clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant

    may substitute the following wording, if accurate:

    Class 9: Digital voice recorders with speech recognitionsoftware.

    The wording radios, radio transmitters, and receivers in the identification of goods is indefinite and

    must be clarified because it does not make clear the nature of the goods. SeeTMEP 1402.01. Applicant

    may substitute the following wording, if accurate:

    Class 9: Radios, radio transmitters, and radio receivers.

    The wording handheld digital electronic devices and software related thereto in the identification of

    goods is indefinite and must be clarified because it does not make clear the nature of the goods. See

    TMEP 1402.01. Applicant may substitute the following wording, if accurate:

    Class 9: Handheld digital electronic devices, namely, {indicate specific device, e.g., cell phones, MP3

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    players, personal digital assistants, etc.}, and software for {specify use, e.g., recording, organizing,

    transmitting, manipulating, and reviewing text, data, image, and audio files}.

    The wording electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking

    stations, interfaces, and adapters for use with all of the aforesaid goods in the identification of goods is

    indefinite and must be clarified because it does not make clear the nature of the goods. SeeTMEP

    1402.01. Applicant may substitute the following wording, if accurate:

    Class 9: Electrical and electronic connectors, data processing equipment in the nature ofcouplers,

    electric wires, electrical and electronic cables, battery chargers, docks being power supplies,

    electronic docking stations, interfaces for {specify use,e.g., computers, detectors, electronic

    display, etc.} ., and electricaladapters for use with all of the aforesaid goods.

    General Suggestion for Identification and Classification of Goods

    Class 9: Audio components and accessories, namely, {specify the nature of the components and

    accessories by common commercial name, e.g., audio electronic components, namely, surround

    sound systems, audio headphones, etc.} ; sound recording and reproducing apparatus; digital video

    recorders and players; Remote control apparatus, namely, remote controls for {indicate specific devices,e.g.radios, televisions, stereos, etc. butnotgaming apparatuses}; audio speakers; earphones,

    headphones; microphones; Digital voice recorders with speech recognitionsoftware; Radios, radio

    transmitters, and radio receivers; Handheld digital electronic devices, namely, {indicate specific device,

    e.g., cell phones, MP3 players, personal digital assistants, etc.}, and software for {specify use, e.g.,

    recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio

    files}; wireless communication devices for voice, data or image transmission; Electrical and electronic

    connectors, data processing equipment in the nature of couplers, electric wires, electrical and

    electroniccables, battery chargers, docks being power supplies, electronic docking stations, interfaces

    for {specify use, e.g., computers, detectors, electronic display, etc.} ., and electricaladapters

    for use with all of the aforesaid goods

    An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add

    to or broaden the scope of the goods and/or services. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq.,

    1402.07.

    For assistance with identifying and classifying goods and services in trademark applications, please see

    the USPTOs online searchable U.S. Acceptable Identification of Goods and Services Manual at

    http://tess2.uspto.gov/netahtml/tidm.html. SeeTMEP 1402.04.

    REQUIREMENT FOR SIGNED DECLARATION AND VERIFICATION

    The application was not signed and verified, which are application requirements. See 15 U.S.C.1051(a)-(b), 1126(d)-(e); 37 C.F.R. 2.33(a)-(b), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii). Therefore,

    applicant must verify the statements specified further below in an affidavit or signed declaration under 37

    C.F.R. 2.20. See 15 U.S.C. 1051(a)(3), (b)(3), 1126(d)-(e); 37 C.F.R. 2.33(a)-(b), 2.34(a)(1)(i),

    (a)(2), (a)(3)(i), (a)(4)(ii), 2.193(e)(1); TMEP 804.02, 806.01(a)-(d).

    To respond to this requirement online using the Trademark Electronic Application System (TEAS)

    response form, answer yes to the TEAS response form wizard question relating to submitting a

    signed declaration, and follow the instructions within the form for signing.

    http://tess2.uspto.gov/netahtml/tidm.html
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    To respond to this requirement on paper, via regular mail, applicant may provide the followingstatements and declaration at the end of the response, personally signed by a person authorized under 37

    C.F.R. 2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediatelybelow the signature. See37 C.F.R. 2.20, 2.33(a)-(b), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.193(a),

    (d); TMEP 611.01(b), 804.01(b). The signatorys particular title or position should also be specified.SeeTMEP 804.04.

    STATEMENTS: The signatory believes that: if the application is being filed under 15 U.S.C.1051(a), the applicant is the owner of the mark; the mark is in use in commerce and has been

    in use in commerce as of the application filing date; the original specimen(s), if applicable,shows the mark as used on or in connection with the goods or services as of the applicationfiling and/or, if the application is being filed under 15 U