UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/620397
APPLICANT: Health & Life Co., Ltd.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: H&L
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CORRESPONDENT’S REFERENCE/DOCKET NO: BHT-3135-55
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/620397
The assigned examining attorney has reviewed the referenced application and determined the following.
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Submit a Substitute Specimen or Substitute Basis
A. Submit Specimen
An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. Section 1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods/services. The application does not contain a specimen. The applicant must submit a specimen, and must submit the following statement:
The specimen was in use in commerce at least as early as the filing date of the application.
This statement must be verified with an affidavit or a declaration under 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.71(d)(1).
B. Substitute Basis
In the alternative, if the applicant cannot comply with the requirement for a specimen for the Section 1(a) basis asserted, the applicant may substitute a different basis for filing if the applicant can meet the requirements for the new basis.
In this case, the applicant may wish to amend the application to assert a Section 1(b) basis. To base the application on a bona fide intention to use the mark in commerce, the applicant must submit the following statement:
The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application.
This statement must be must be verified with an affidavit or by a declaration under 37 C.F.R. Sections 2.20 and 2.33. Trademark Act Section 1(b), 15 U.S.C. Section 1051(b); 37 C.F.R. Section 2.34(a)(2)(i).
Classification and Identification of Goods
The wording “body fat meter,” “skin detector,” “transcutaneous nerve and muscle stimulato and spirometry” in the identification of goods is unacceptable as indefinite. Medical devices should be identified by their common commercial names and in many cases by a description of use. TMEP §§1401.04(b), 1402.01 and 1402.03. Applicant may wish to consult the on-line searchable Manual of Acceptable Goods and Services on the Patent and Trademark Office homepage. The web site address is as follows:
http://tess2.gov.uspto.report/netahtml/tidm.html.
The applicant may adopt the following identification of goods, if accurate: medical devices, namely, blood glucose meter, blood pressure monitor, body fat meter, stethoscopes, electronic stethoscope, skin detectors for use in [specify e.g. identifying and detecting cancerous cells etc.], electric massage apparatus, transcutaneous nerve and muscle stimulator, and spirometer mouth pieces and tubing in International Class 010.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
Designation of A Domestic Representative
Applicant may designate a domestic representative upon whom notices or process may be served. Trademark Act Section 1(e), 15 U.S.C. §1051(e); 37 C.F.R. §2.24; TMEP §§604, 811 and 1013. If applicant does not designate a domestic representative, notices or process in proceedings affecting the mark may be served on the Director of the United States Patent and Trademark Office. Trademark Act Section 1(e), 15 U.S.C. §1051(e). The trademark-examining attorney provides the following example for applicant's convenience in preparing an Appointment of Domestic Representative.
DESIGNATION OF DOMESTIC REPRESENTATIVE
________________________ _________________________
Identify the mark Serial No.
________________________ _________________________
Name of applicant Date of signature
__________________________________________________________________
(Name of domestic representative)
whose postal address is
________________________________________________
________________________________________________
is hereby-designated applicant's representative upon whom notices or process in proceedings affecting the mark may be served.
____________________________
(Signature of applicant)
The examining attorney requires information about the goods to make a determination as to whether all or part of the mark is merely descriptive as applied to the goods. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d). Therefore, if the H&L portion of the mark has any significance other than trademark significance, the applicant must state the significance for the record.
If not, the applicant must state that there is no other known significance of H&L. The applicant may adopt the following format.
“The H&L portion of the mark has no known significance in the relevant trade, has no geographical significance and has no known meaning in any foreign language.”
Response Guidelines
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Toni Y. Hickey/
Trademark Examining Attorney
Law Office 115
(571) 272-9475 phone
(571) 273-9115 fax
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.