UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/633895

 

The assigned trademark examining attorney has reviewed the referenced application filed on March 21, 2005, and has determined the following.

 

SEARCH RESULTS

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

IDENTIFICATION OF GOODS 

An acceptable identification of software must include the specific purpose or function or the program, or the specific application, as well as the specialized field, if applicable. The naming of the intended user or industry does not sufficiently identify the purpose of the software (i.e. saying the software is for use in business, scientific, commercial and personal computing applications would not be sufficiently definite).  TMEP section 804.03(b).  See In re Linkvest S.A., 24 USPQ2d 1716 (TTAB 1992).  In this case, applicant specifies “computer software for clinical care.” Applicant must specify the actual function of the software along with the field of clinical care. From applicant’s specimens, it appears that applicant’s software is for patient database management.

The applicant may adopt the following identification, if accurate:

Computer software for patient database management in the field of clinical care.  International Class 009.

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

Where possible, the examining attorney has provided guidelines to assist the applicant in amending the existing identification of goods and services. The applicant may wish to consult the on-line identification manual on the USPTO homepage for acceptable common names of goods and services; and classification therefor.  http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

 

/gy/

Gretta Yao

Attorney

United States Patent and Trademark Office

Law Office 105

T. 571-272-9313

F. 571-273-9313

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.