Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  April 06, 2020

 

International Registration No. 1484373

 

 

This Office action is in response to applicant’s communication filed on 03/20/2020. The mark description is acceptable and made of record. However, the amended identification of goods and services remains unacceptable. Please see below for explanation of the issues. Therefore, the requirement for an acceptable identification of goods and sevices is now made FINAL.  See 37 C.F.R. §2.63(b).

 

 

 

IDENTIFICATION/CLASSIFICATION OF GOODS AND/OR SERVICES

 

Please note that the identifications of goods and services in Classes 7, 16, 37 and 44 are acceptable and made of record.

 

Applicant has identified the following:

 

International Class 5: “Pharmaceutical preparations for medical purposes used in chemotherapy, immunotherapy, and gene therapy; pharmaceutical preparations for regenerative medical purposes; pharmaceutical preparations for gene therapy purposes; pharmaceutical preparations for chemotherapy, immunotherapy and gene therapy research and scientific purposes; reagent paper for medical purposes; fumigants for agricultural purposes; fungicides for agricultural purposes; rodenticides for agricultural purposes; insecticides for agricultural purposes; herbicides; insect-repellents for agricultural purposes; antiseptics for agricultural purposes; oiled paper for medical purposes; drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals; gauze for dressings; empty capsules for pharmaceuticals; eyepatches for medical purposes; ear bandages; menstruation bandages; menstruation tampons; sanitary napkins; sanitary panties; absorbent cotton for medical purposes; adhesive plasters for medical purposes; bandages for dressings; liquid bandages; breast-nursing pads; cotton swabs for medical use; dental materials, namely, dental sealants, dental adhesives, dental ceramics, dental alloys, dental veneers, dental mastics, dental amalgams; baby diapers; cloth nappies as baby diapers; textile nappies as baby diapers; infant diaper covers; cloth nappy covers being infant diaper covers; textile nappy covers being infant nappy covers; fly catching paper; mothproofing paper; lacteal flour for babies; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies, namely, infant formula; food for babies; dietary supplements for animals; semen for artificial insemination; pharmaceutical agents affecting sensory organs; agents for ophthalmic use, namely, ophthalmic preparations; diagnostic preparations for medical or veterinary purposes; X-ray contrast agents; diagnostic reagents for medicinal use; diagnostic media for bacteriological cultures; biological preparations for medical purposes for the treatment of cancer, central nervous system diseases namely, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, encephalitis, epilepsy, Alzheimer's, cerebral palsy, Parkinson's disease, Arachnoid cysts, attention deficit hyperactivity disorder (ADHD), autism, bipolar disorder, catalepsy, depression, encephalitis, epilepsy, seizures, locked-in syndrome, meningitis, migraines, multiple sclerosis, myelopathy, neurodegenerative disorders, Huntington's disease, Tourette's', anxiety, smoking, obesity, sleep disorders, neuropathic pain, cognitive impairment, schizophrenia, neurodegeneration and centrally acting muscle spasm, and metabolic diseases namely, diabetes, hypoglycemia, gout, osteoarthritis, muscular dystrophy, anemia, hyperthyroidism, hypothyroidism, dyslipidemia, hypolipidemia, galatosemia, phenylketonuria, steroid induced diabetes, human immunodeficiency virus (HIV) treatment-induced diabetes, latent autoimmune diabetes in adults (LADA), nonalcoholic steatohepatitis (NASH), nonalcoholic fatty liver disease (NAFLD), hypoglycemia unawareness (HA), restrictive lung disease, diabetes development in subjects with congenital and HIV-associated lipoatrophy, fat redistribution syndrome, and metabolic syndrome (Syndrome X); biological preparations for medical purposes for the treatment of autoimmune diseases; biological preparations for medical purposes for the treatment of infectious diseases, namely, viral infections of the respiratory system and topical viral skin infections, viral infections of the circulatory system and lymph nodes, bacterial infections of the respiratory system, bacterial infections of the circulatory system and lymph nodes and fungal infections of the skin and nails; antitoxic sera; mixed biological preparations for the prevention and treatment of infectious diseases; vaccines; hemotropic agents in the nature of cellular function activating agents for medical and diagnostic purposes; anticoagulants; blood substitutes for human and veterinary use; blood plasma; hemostatics for medical purposes; cellular function activating agents for medical or veterinary purposes; chlorophyll preparations for medical purposes, namely, pharmaceutical preparations for wounds, pharmaceutical preparations for skin care, chlorophyll detoxification agents for medical purposes and anti-cancer preparations; dye preparations for medical purposes, namely, surgical dyes; diagnostic preparations for medical purposes; medicines for veterinary purposes for treatment of pneumonia, hospital acquired pneumonia, urinary tract infection, gynecological infections, endometritis, pelvic inflammation, skin and skin structure infections, meningitis, septicemia; medicines for dental purposes; reagent paper for veterinary purposes; diagnostic agents, preparations and substances for medical purposes; diagnostic preparations for blood testing for medical or veterinary purposes; in vitro diagnostic preparations for medical purposes; in vitro diagnostic preparations and reagents for medical purposes”

 

International Class 9: “Photographic equipment and parts and accessories therefor, namely, lens caps, camera body caps, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint finders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cameras and parts and accessories therefor, namely, lens caps, camera body caps, mount adaptors, eyepiece caps for cameras, eyecups for cameras, LCD monitor covers for cameras; digital cameras and parts and accessories therefor, namely, lens caps, camera body caps, mount adaptors for digital cameras, eyepiece caps for digital cameras, eyecups for digital cameras, LCD monitor covers for digital cameras; camera lenses; batteries for cameras and digital cameras; battery chargers for cameras and digital cameras; remote controls for cameras and digital cameras; cases for cameras and digital cameras; straps for cameras and digital cameras; optical machines and apparatus, namely, optical filters, optical lenses made of silica glass, periscopes,binoculars, telescopes, body-tubes for telescopes [lens barrels], tripods for telescopes, reflectors for telescopes, prisms for telescopes, lenses for telescopes, microscopes, magnifying glasses, metallurgical microscopes, body-tubes for microscopes [lens barrels], reflectors for microscopes, prisms for microscopes, lenses for microscopes, biological microscopes, polarizing microscopes, stereoscopes; binoculars; telescopes; range finders for cameras; downloadable computer software comprised of electronic instructional manuals for digital cameras; downloadable computer software for editing and managing of photographs and movies; downloadable computer software for transferring photographs and movies from a camera or memory card to a backup folder; downloadable computer software for uploading photographs and movies to an image storage and sharing service; downloadable computer software for adding GPS data to photograph and movie files; downloadable computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded computer software comprised of electronic instructional manuals for digital cameras; computer software for editing and managing of photographs and movies; recorded computer software for transferring photographs and movies from a camera or memory card to a backup folder; recorded computer software for uploading photographs and movies to an image storage and sharing service; recorded computer software for adding GPS data to photograph and movie files; recorded computer software for posting the locations of photographs and movie files on a world map using GPS data; software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images [ -- medium recorded software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images including CD-ROMs, optical discs, magnetic discs and magnetic optical discs]; software program for use in digital photography to provide an image editing and printing environment for digital images recorded on magnetic and optical media, namely, CD-ROMs, optical disks, magnetic disks and magnetic optical disks; software for editing and managing of photographs and movies; Computer software for editing, adjusting, storing and printing digital images, including developing for RAW image data; electronic publications; non-contact measuring machines and instruments; recorded and downloadable computer software sold as a component of digital cameras, namely, computer software for editing and managing of photographs and movies, computer software for transferring photographs and movies from a camera or memory card to a backup folder, computer software for uploading photographs and movies to an image storage and sharing service; computer software that provides web-based access to applications and services through a web operating system or portal interface; pre-recorded magnetic data carriers featuring medical imaging software; imaging software and medical software for the management of patients' medical records; computer software and firmware for medical imaging and 3D medical imaging; computer software and firmware for the provision of medical services and platforms to access retinal images and patients' medical records; computer software and firmware for use in optometry and ophthalmology for database management; computer software and firmware for imaging and 3D imaging; computer software and firmware for image processing and image analysis; computer software and firmware for viewing and storing images; computer software and firmware for retinal imaging; computer hardware and software for medical imaging apparatus and for image processing, image analysis and for viewing and storing images, and computer software and firmware for imaging for use in optometry and ophthalmology for database management; computer software and firmware for imaging for use in optometry and ophthalmology for database management; retinal imaging software and firmware; medical software, namely, medical operating system software for medical imaging apparatus, medical software for storing, recording, displaying, accessing and report generation of patient's medical records and retinal image scans, and medical software for controlling and managing patient medical information ;medical software for 3D imaging; glass ophthalmic lenses; retinal imaging systems, namely, software for imaging the retina; liquid crystal display [LCD] projectors; cameras with liquid crystal display [LCD] projectors; digital cameras with liquid crystal display [LCD] projectors; microscopes; electron microscopes; biological microscopes; X-ray electron microscopes; rifle scopes; telescopic sights; monocles; spectacles; eyeglasses; optical glasses and eyeglasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; lenses for eyewear; eyeglass frames; solid state memory cards; memory cards; cell culture observation systems, namely, incubators for bacteria cultures, bioreactor for cell culturing, cell culture dishes and tissue culture flasks; magnifying glasses; crossbow scopes; digital photo frames; telescopes for firearms; sighting telescopes for firearms; semiconductor testing apparatus; liquid crystal testing apparatus; cases especially made for photographic apparatus and instruments; filters for ultraviolet rays for cameras and digital cameras; filters for ultraviolet rays, for photography; filters for cameras and digital cameras; photographic filters; lens filters for cameras; lens filters for digital cameras; cameras; flash-bulbs for cameras and digital cameras; flash-bulbs; flashlights for cameras and digital cameras for use in photography; flashlights for use in photography; shutter releases for cameras and digital cameras; shutter releases; shutter releases for cameras; shutter releases for digital cameras; shutters for cameras and digital cameras; shutters; shutters for cameras; shutters for digital cameras; photographic slides; spools for cameras and digital cameras; photography spools for cameras; spools for cameras; spools for digital cameras; stands for photographic apparatus; photographic transparencies; viewfinders for cameras and digital cameras; viewfinders, photographic; viewfinders for cameras; viewfinders for digital cameras; tripods for cameras and digital cameras; tripods for cameras; tripods for digital cameras; epidiascopes; mobile phones; cellular phones; portable telephones; smartphones; handheld terminal devices in the nature of handheld computers; handheld communication interface devices and accessories therefor; scanners; CCD (charge-coupled device) cameras; SD memory cards; secure digital (SD) memory cards; blank flash memory cards; flash card readers; recorded and downloadable video games software; audio speakers; loudspeakers; metronomes; bags specially adapted for cameras and photographic equipment; photographic machines and apparatus, namely, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint finders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cinematographic machines and apparatus; measuring or testing machines and instruments, namely, surveying machines and instruments, coordinate measuring machines, photometers, illuminometers, concentration meters, comparators, metal compression testing machines, analysis instruments for photogrammetric purposes, transits for surveying, spectroscopes, interferometer, laser measuring systems, length measuring gauges, measuring spoons and cups, tire-pressure measurers, circuit testers, metal hardness testing machines, plastic testing machines, and apparatus for testing gas, liquids, and solids; measuring or testing machines and instruments, namely, spectroscope used for a terahertz wave, X-ray, computerized tomography, ultrasound and magnetic resonance inspection devices for non-medical, non-destructive testing; power distribution or control machines and apparatus, namely, electrical power distribution blocks, power distributing boxes, electric distribution consoles, automatic electrical distribution apparatus, electrical power distribution units; rotary converters; phase modifiers, namely, phase shifters for communication apparatus and optical phase shifters; batteries and fuel cells, photovoltaic cells, solar cells, dry cells, and lithium-ion batteries; electric or magnetic meters and testers; personal digital assistants in the shape of a watch; electronic machines, apparatus and their parts, namely, electronic circuit cards, computers and their peripherals, electrostatic copying machines, electronic desk calculators, hand-held electronic dictionaries, word processors, electron tubes, electronic circuits, Geiger counters, cyclotrons not for medical purposes, industrial x-ray machines and apparatus not for medical use, electronic computers, electronic machines for reading credit cards and recording financial operations, electrostatic coating machines, telephone answering machines, automatic answering machines, DVD machines; computers; display units for computers; hard disk drives; printers; optical mouse; electrostatic copying machines; electronic desk calculators; electronic dictionaries; word processors; electron tubes; semi-conductor elements; electronic circuits, not including those recorded with computer programs; recorded and downloadable computer programs for editing images, sound, and video; recorded and downloadable computer programs, namely, computer software for use in database management, for use as a spreadsheet, for word processing, for use in medical billing, and for use in financial accounting; geiger counters; cyclotrons, not for medical purposes; industrial X-ray machines and apparatus, not for medical use; industrial betatrons, not for medical use; magnetic prospecting machines, namely, magnetic locators, magnetic object detectors, seismic exploration machines and apparatus; magnetic object detectors; seismic exploration machines and apparatus; hydrophone machines and apparatus, namely, hydrophones; echo sounders; ultrasonic flaw detectors; ultrasonic sensors; remote control apparatus for closing doors; electron microscopes; laboratory apparatus and instruments, namely, air-gas producing apparatus in laboratories, constant temperature incubators, constant humidity incubators, glassware for scientific experiments in laboratories, porcelain ware for scientific experiments in laboratories, furnaces for laboratory experiments, scientific models and specimens, chemistry apparatus and instruments, incubators for bacteria culture, test tubes, laboratory centrifuges, chromatography apparatus for laboratory use, stills for laboratory experiments, furniture especially made for laboratories, laboratory trays, laboratory pipettes, furnaces for laboratory use, ovens for laboratory use, laboratory robots, crash test dummies, DNA chips, cosmographic instruments, biochips, cupels [laboratory], apparatus for fermentation [laboratory apparatus], apparatus and instruments for physics, Petri dishes, microtomes, capillary tubes, diaphragms for scientific apparatus, distillation apparatus for scientific purposes, crucibles [laboratory], retorts, retorts' stands; recorded and downloadable game programs for home video game machines; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; exposed cinematographic films; exposed slide films; slide film mounts; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; electric and electronic effects units for musical instruments; recorded and downloadable game programs for arcade video game machines”

 

 

International Class 10: “Finger guards for medical purposes; pacifiers for babies; dummies for babies; ice bag pillows for medical purposes; triangular bandages for medical purposes; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; feeding bottle teats and teats being pacifiers for babies; medical ice bags; medical ice bag holders; baby bottles; nursing bottles; contraceptives, non-chemical, namely, contraceptive coils, contraceptive diaphragms; artificial tympanic membranes; prosthetics or fillings materials, not for dental use, namely, artificial materials for use in the replacement of bones; ear plugs for sleeping; ear plugs for soundproofing; esthetic massage apparatus for commercial use; medical apparatus and instruments, other than walking aids, crutches, namely, stethoscopes, percussors, sphygmomanometers, electrocardiographs, electroencephalographs, speculums, pelvimeters, probes, machines for testing vision and testing for eye diseases, ophthalmolonometers, tongue depressors, audiometers, inhalers, scopes, scissors, knives, curettes, elevators, separators, forceps, retractors, bone drills, planes, saws, dilators, bougies, cauters, syringes, needles, sutures, sprayers, lamps, ultrasound diagnostic machines, kneaders, examining and operating tables, operating lights, stands, tables, cabinets, stretchers, operating chairs, dental filling, drilling, cutting, excavating, planing, prosthetic, orthodontic tools, cleansers, veterinary surgical instruments, fundus photography device; walking aids for medical purposes; crutches; electric massage apparatus for household purposes; gloves for medical purposes; urinals being vessels for medical purposes; bed pans; ear picks; diagnostic apparatus for medical purposes, namely, gastroscopes, magnetic resonance CT apparatus, keratoscopes, tonometers, speculums, sphygmomanometers, blood testing apparatus, eye testing machines and apparatus, pelvimeters, clinical probes, electrocardiographs, tongue depressors, clinical thermometers, body-fat monitors, percussion hammers, stethoscopes, audiometers and electroencephalographs; hearing aids; artificial eyes; intraocular prostheses lenses for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; hearing protectors, namely, ear plugs, noise reducing earmuffs, and hearing protection headsets; testing apparatus for medical purposes, namely, apparatus for culturing and observing cells; X-ray apparatus for medical purposes; protection devices against X-rays, for medical purposes, namely, medical x-ray aprons; apparatus for the treatment of deafness, namely, cochlear implants and hearing aids; blood testing apparatus; dental apparatus and instruments, namely, x-ray apparatus for dental imaging, apex locator, milling apparatus for dental purposes, intra-oral light systems; medical apparatus and instruments, namely, electromagnetic medical diagnostic imaging apparatus, irrigators for medical use, medical apparatus and instruments for use in general surgery, X-ray apparatus for medical use, medical imaging apparatus incorporating medical imaging software; sanitary masks for medical purposes”

 

 

International Class 18: “Handbag frames; purse frames; horseshoes; leather straps; rawhides; raw skins; tanned leather; fur, namely, artificial, synthetic and imitation fur; industrial packaging containers of leather; clothing for domestic pets; bags, namely, camera bags; pouches, namely, leather coin pouches, leather toiletry pouches, pouches for holding keys, jewellery pouches, pouches of textile; vanity cases, not fitted; umbrellas and their parts; walking sticks; canes; metal parts of canes and walking-sticks; handles for canes and walking sticks; saddlery; money pouches of textile; quilting pouches, namely, functional sacks for holding and carrying yarn while quilting; felt pouches; leather pouches; name card cases and credit card cases; business card cases; key cases; textile shopping bags; backpacks; rucksacks; handbags; leather and artificial, synthetic and imitation fur, unworked or semi-worked”

 

 

International Class 35: “Retail store services or wholesale store services for photographic apparatus and instruments and parts and accessories therefor; retail store services or wholesale store services for optical machines and apparatus and parts and accessories therefor; retail store services or wholesale store services for cameras, lenses and accessories therefor; retail store services for cameras, lenses and accessories provided via the Internet and other computer and electronic communication networks; retail store services for optical equipment and accessories provided via the Internet and other computer and electronic communication networks; retail store services for home electric appliances provided via the Internet and other computer and electronic communication networks; retail store services for related merchandise in the field of consumer electronics and entertainment equipment, provided via the Internet and other computer and electronic communication networks; providing information concerning commercial sales of online web sites; promotion, advertising and marketing of on-line web sites; on-line promotion of computer networks and web sites; providing an online business and commercial information relating to products, services and events in the field of consumer electronics, all for business and commercial transactions and purposes; business management of retail outlets; collection, systematization, compilation and analysis of business data and information stored in computer databases; computerized point-of-sale data collection services for retailers for business purposes; business management of a retail enterprise; retail store services or wholesale store services for photographic machines and apparatus and photographic supplies; on-line retail store services relating to cameras, lenses and accessories; on-line retail store services relating to optical equipment and accessories; retail store services relating to home electric appliances; business administration; providing information relating to data processing; accounting; advertising; advertising agencies; advertising by mail order; bill-posting; business appraisals; business information; business inquiries; business management and organization consultancy; business management assistance; business management of performing artists; commercial information agencies; commercial or industrial management assistance; compilation of information into computer databases; cost price analysis; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction; marketing research; marketing studies; modelling for advertising or sales promotion; office machines and equipment rental; public opinion polling; market opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; payroll preparation; personnel management consultation; personnel recruitment; photocopying services; provision of business statistical information; provision of business statistical information on cameras and accessories; public relations; publication of publicity texts; publicity agency services; public relations agency services; writing of publicity texts; publicity material rental; radio advertising; relocation services for businesses; rental of advertising space; secretarial services; shop window dressing; business statistical information on sales of new goods; systemization of information into computer databases; tax preparation; television advertising; medical transcription; message transcription; typing; updating of advertising material; word processing; advertising and publicity services; promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; preparation of financial statements; employment agencies; auctioneering; import-export agencies; arranging newspaper subscriptions for others; shorthand services; office functions, namely filing, in particular documents or magnetic tapes; providing business assistance to enterprises in the field of computers, typewriters, telex machines and other similar office machines; reception services for visitors in buildings, namely, secretarial and clerical services; rental of typewriters, copying machines and word processors; providing employment information; newspaper advertising; rental of vending machines; retail store services or wholesale store services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together; retail store services or wholesale store services for woven fabrics and beddings; retail store services or wholesale store services for clothing; retail store services or wholesale store services for diapers; retail store services or wholesale store services for footwear, other than special footwear for sports; retail store services or wholesale store services for bags and pouches; retail store services or wholesale store services for personal articles; retail store services or wholesale store services for foods and beverages; retail store services or wholesale store services for liquor; retail store services or wholesale store services for meat; retail store services or wholesale store services for sea food; retail store services or wholesale store services for vegetables and fruits; retail store services or wholesale store services for confectionery, bread and buns; Retail store services or wholesale store services for rice and cereals; retail store services or wholesale store services for milk; retail store services or wholesale store services for carbonated drinks and non-alcoholic fruit juice beverages; retail store services or wholesale store services for tea, coffee and cocoa; retail store services or wholesale store services for processed food; retail store services or wholesale store services for automobiles; retail store services or wholesale store services for two-wheeled motor vehicles; retail store services or wholesale stores services for bicycles; retail store services or wholesale store services for furniture; retail store services or wholesale store services for joinery fittings; retail store services or wholesale store services for tatami mats; retail store services or wholesale store services for ritual equipment; retail store services or wholesale store services for electrical machinery and apparatuses; retail store services or wholesale store services for bladed or pointed hand tools, hand tools and metal hardware; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for agricultural machines, implements and supplies; retail store services or wholesale store services for flowers and trees; retail store services or wholesale store services for fuel; retail store services or wholesale store services for printed matter; retail store services or wholesale store services for paper and stationery; retail store services or wholesale store services for sports goods; retail store services or wholesale store services for toys, dolls, game machines and apparatus; retail store services or wholesale store services for musical instruments and records; retail store services or wholesale store services for clocks, watches and spectacles; retail store services or wholesale store services for tobaccos and smokers' articles; retail store services or wholesale store services for building materials; retail store services or wholesale store services for semi-wrought precious stones and their imitations; retail services or wholesale services for pets; management of computerized information files; management of computerized information files related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; business administration and management services via a global computer network for businesses distributing content related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; advertising via the Internet; business planning for sales promotion of a counterparty's goods or services provided on the Internet; business intermediary and advisory services relating to the matching of potential private investors with entrepreneurs needing funding; business intermediary services, namely, business advisory services in the field of product sales; business intermediary services, namely, business advisory services in the field of photography; providing media for advertisements for others, namely, books, pamphlets, brochures, magazines, posters and billboards; providing information on commodity sales regarding photographs and other goods; provision of business information and business advisory services relating to e-commerce”

 

 

International Class 41: “Photography and providing information on photography; arranging, conducting and organization of seminars for photography and providing information on photography; arranging, conducting and organization of photography classes and providing information on photography classes; arranging, conducting and organization of photography events and providing information on photography events; arranging, conducting and organization of photography contests and providing information on photography contests; rental of cameras, digital cameras, video cameras and parts and accessories therefor; arranging, conducting and organization of photo exhibitions for entertainment and educational purposes and providing information on photo exhibitions for entertainment and educational purposes; providing facilities particularly for photo exhibitions and providing information on photo exhibition facilities; educational services, namely, providing classes, seminars, workshops and instruction relating to printing, photocopying, and scanning; digital imaging services; educational services, namely, providing classes, seminars, workshops and training services relating to digital images processing; photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of photographic equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of measuring or testing machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of optical machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of semiconductor manufacturing machines and systems including semiconductor testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of liquid crystal manufacturing machines and systems including liquid crystal testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of telecommunication devices and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of electronic machines and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of eyeglasses manufacturing machines and apparatus and their parts and fittings; providing non-downloadable electronic publications in the nature of books, magazines, newsletters, manuals, and instruction manuals in the field of photography and computer software; arranging, conducting and organization of seminars, providing information thereof; rental of optical machines and apparatus used in business, research, education, hobbies, entertainment and photography; editing and publication of printed matter; publication of photo books; publication of photo albums; publication of magazines; publication of electronic books and magazines on-line; multimedia publishing of magazines, journals and newspapers; multimedia publishing of magazines in the fields of software, photography, cameras, graphic art and illustrations; post-production editing services in the field of music, videos and films; rental of camera lenses and lenses for digital cameras and their parts and accessories; amusements, namely, amusement centers and providing amusement parks and facilities; club services, namely, night club services, dance club services, comedy club services, photography club services and social club services in the nature of arranging, organizing and hosting social events, get-togethers and parties for club members; education in the fields of arts, crafts, sports or general undergraduate knowledge rendered through correspondence courses; providing information on education; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services; movie studio services; nursery schools; entertainment or educational services in the nature of organization of competitions in the field of entertainment, education, culture, sports and other non-business and non-commercial fields; party planning; photographic reporting; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line music, not downloadable; providing on-line videos, not downloadable featuring music, movies, news, sports and education; providing recreation facilities; publication of books; on-line publication of electronic books and journals; rental of camcorders; rental of cine-films; rental of motion pictures; rental of sound recordings; rental of video cameras; teaching at elementary schools; teaching at junior high schools; educating at senior high schools; toy rental; educational services, namely, providing classes, seminars, workshops and instruction services relating to arts, crafts, sports or general undergraduate knowledge; planning arrangement of showing movies, shows, plays or musical performances; movie theatres; movie and film production and distribution; production of videotape film in the field of education, culture, entertainment or sports, not for movies or television programs and not for advertising or publicity; organization, arranging and conducting of sports competitions; organization of social entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; organization, arranging and conducting of horse races; organization, arranging and conducting of bicycle races; organization, arranging and conducting of boat races; organization, arranging and conducting of auto races; providing amusement facilities; providing sports facilities; providing facilities for movies, shows, plays, music or educational training; rental of television sets; rental of radio sets; rental of cameras; rental of fishing equipment and instruments.”

 

 

 

The above bolded wording in the identification of goods and services is indefinite and must be clarified because the exact nature of the goods and services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods and/or services and ensure that the goods and services are properly classified.  See TMEP §1402.01.  If there is no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses or the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s) for services.  See id.

 

In addition, the wording “Recorded and downloadable software for editing and managing of photographs and movies” is repeated in the International Class 9 identification and the services identified as “Rental of cameras” is included twice in the International Class 41 identification. Therefore, one clause of each must be deleted.

 

 

Please note that the goods identified in International Class 5 as “pharmaceutical preparations for chemotherapy, immunotherapy and gene therapy research and scientific purposes” identify goods such as diagnostic preparations for scientific or research use other than for medical use, which are International Class 1 goods. However, please see below regarding Section 66(a) applications and how the classification of goods may not be changed. Therefore, such goods must be deleted. Similarly, the goods identified as “electrostatic coating machines” are misclassified in Class 9 as such goods are properly classified in Class 7. The goods identified in International Class 10 as “cleansers,” “stands” and “cabinets” identify indefinite and misclassified goods as cleansers are classified in Class 3, stands are classified in various classes, not including Class 10, depending on the type and cabinets are in International Class 20. And the goods identified as “scientific models and specimens” appear to identify Class 16 goods.

 

Generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods and/or services.  In this case, however, because the nature of the goods identified as “separators,” “planes” and “kneaders” in International Class 10 is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording.  See TMEP §1402.01(e).

 

 

 

In a Trademark Act Section 66(a) application, classification of goods and/or services may not be changed from that assigned by the International Bureau of the World Intellectual Property Organization.  37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b).  Additionally, classes may not be added or goods and/or services transferred from one class to another in a multiple-class Section 66(a) application.  37 C.F.R. §2.85(d); TMEP §1401.03(d). 

 

 

Applicant may substitute the following wording, if accurate:

 

 

International Class 5:

 

Pharmaceutical preparations for medical purposes used in chemotherapy, immunotherapy, and gene therapy; pharmaceutical preparations for regenerative medical purposes; pharmaceutical preparations for gene therapy purposes; reagent paper for medical purposes; fumigants for agricultural purposes; fungicides for agricultural purposes; rodenticides for agricultural purposes; insecticides for agricultural purposes; herbicides; insect-repellents for agricultural purposes; antiseptics for agricultural purposes; oiled paper for medical purposes; drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals; gauze for dressings; empty capsules for pharmaceuticals; eyepatches for medical purposes; ear bandages; menstruation bandages; menstruation tampons; sanitary napkins; sanitary panties; absorbent cotton for medical purposes; adhesive plasters for medical purposes; bandages for dressings; liquid bandages; breast-nursing pads; cotton swabs for medical use; dental materials, namely, dental sealants, dental adhesives, dental ceramics, dental alloys, dental veneers, dental mastics, dental amalgams; baby diapers; cloth nappies as baby diapers; textile nappies as baby diapers; infant diaper covers; cloth nappy covers being infant diaper covers; textile nappy covers being infant nappy covers; fly catching paper; mothproofing paper; lacteal flour for babies; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies, namely, infant formula; food for babies; dietary supplements for animals; semen for artificial insemination; pharmaceutical agents affecting sensory organs; agents for ophthalmic use, namely, ophthalmic preparations; diagnostic preparations for medical or veterinary purposes; X-ray contrast agents; diagnostic reagents for medicinal use; diagnostic media for bacteriological cultures; biological preparations for medical purposes for the treatment of cancer, central nervous system diseases namely, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, encephalitis, epilepsy, Alzheimer's, cerebral palsy, Parkinson's disease, Arachnoid cysts, attention deficit hyperactivity disorder (ADHD), autism, bipolar disorder, catalepsy, depression, encephalitis, epilepsy, seizures, locked-in syndrome, meningitis, migraines, multiple sclerosis, myelopathy, neurodegenerative disorders, Huntington's disease, Tourette's', anxiety, smoking, obesity, sleep disorders, neuropathic pain, cognitive impairment, schizophrenia, neurodegeneration and centrally acting muscle spasm, and metabolic diseases namely, diabetes, hypoglycemia, gout, osteoarthritis, muscular dystrophy, anemia, hyperthyroidism, hypothyroidism, dyslipidemia, hypolipidemia, galatosemia, phenylketonuria, steroid induced diabetes, human immunodeficiency virus (HIV) treatment-induced diabetes, latent autoimmune diabetes in adults (LADA), nonalcoholic steatohepatitis (NASH), nonalcoholic fatty liver disease (NAFLD), hypoglycemia unawareness (HA), restrictive lung disease, diabetes development in subjects with congenital and HIV-associated lipoatrophy, fat redistribution syndrome, and metabolic syndrome (Syndrome X); biological preparations for medical purposes for the treatment of autoimmune diseases; biological preparations for medical purposes for the treatment of infectious diseases, namely, viral infections of the respiratory system and topical viral skin infections, viral infections of the circulatory system and lymph nodes, bacterial infections of the respiratory system, bacterial infections of the circulatory system and lymph nodes and fungal infections of the skin and nails; antitoxic sera; mixed biological preparations for the prevention and treatment of infectious diseases; vaccines; hemotropic agents in the nature of cellular function activating agents for medical and medical diagnostic purposes; anticoagulants; blood substitutes for human and veterinary use; blood plasma; hemostatics for medical purposes; cellular function activating agents for medical or veterinary purposes; chlorophyll preparations for medical purposes, namely, pharmaceutical preparations for wounds, pharmaceutical preparations for skin care, chlorophyll detoxification agents for medical purposes and anti-cancer preparations; dye preparations for medical purposes, namely, surgical dyes; diagnostic preparations for medical purposes; medicines for veterinary purposes for treatment of pneumonia, hospital acquired pneumonia, urinary tract infection, gynecological infections, endometritis, pelvic inflammation, skin and skin structure infections, meningitis, septicemia; medicines for dental purposes; reagent paper for veterinary purposes; diagnostic agents, preparations and substances for medical purposes; diagnostic preparations for blood testing for medical or veterinary purposes; in vitro diagnostic preparations for medical purposes; in vitro diagnostic preparations and reagents for medical purposes

 

 

 

International Class 9:

 

Photographic equipment and parts and accessories therefor, namely, lens caps, camera body caps, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint viewfinders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cameras and parts and accessories therefor, namely, lens caps, camera body caps, camera mount adaptors, eyepiece caps for cameras, eyecups for cameras, LCD monitor covers in the nature of protective display screen covers adapted for use with  cameras; digital cameras and parts and accessories therefor, namely, lens caps, camera body caps, mount adaptors for digital cameras, eyepiece caps for digital cameras, eyecups for digital cameras, LCD monitor covers in the nature of protective display screen covers adapted for use with  cameras; camera lenses; batteries for cameras and digital cameras; battery chargers for cameras and digital cameras; remote controls for cameras and digital cameras; cases for cameras and digital cameras; straps for cameras and digital cameras; optical machines and apparatus, namely, optical filters, optical lenses made of silica glass, periscopes,binoculars, telescopes, body-tubes for telescopes, tripods for telescopes, reflectors for telescopes, prisms for telescopes, lenses for telescopes, microscopes, magnifying glasses, metallurgical microscopes, body-tubes for microscopes, reflectors for microscopes, prisms for microscopes, lenses for microscopes, biological microscopes, polarizing microscopes, stereoscopes; binoculars; telescopes; range finders for cameras; downloadable computer software comprised of electronic instructional manuals for digital cameras; downloadable computer software for editing and managing of photographs and movies; downloadable computer software for transferring photographs and movies from a camera or memory card to a backup folder; downloadable computer software for uploading photographs and movies to an image storage and sharing service; downloadable computer software for adding GPS data to photograph and movie files; downloadable computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded computer software comprised of electronic instructional manuals for digital cameras; Recorded and downloadable computer software for editing and managing of photographs and movies; recorded computer software for transferring photographs and movies from a camera or memory card to a backup folder; recorded computer software for uploading photographs and movies to an image storage and sharing service; recorded computer software for adding GPS data to photograph and movie files; recorded computer software for posting the locations of photographs and movie files on a world map using GPS data; Recorded and downloadable software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images including those from CD-ROMs, optical discs, magnetic discs and magnetic optical discs; Recorded and downloadable software program for use in digital photography to provide an image editing and printing environment for digital images recorded on magnetic and optical media, namely, CD-ROMs, optical disks, magnetic disks and magnetic optical disks; Recorded and downloadable computer software for editing, adjusting, storing and printing digital images, including developing for RAW image data; electronic publications in the nature of {INDICATE specific types of publications, e.g. e-books, manuals, journals, etc.} in the field of {INDICATE field or subject matter}; non-contact measuring machines and instruments, namely, {INDICATE specific types of goods or what the machines measure, e.g. lasers for measuring, radiation-measuring instruments, instruments for measuring length, etc.}; recorded and downloadable computer software sold as a component of digital cameras, namely, computer software for editing and managing of photographs and movies, computer software for transferring photographs and movies from a camera or memory card to a backup folder, computer software for uploading photographs and movies to an image storage and sharing service; Recorded and downloadable computer software that provides web-based access to applications and services through a web operating system or portal interface; pre-recorded magnetic data carriers featuring medical imaging software; Recorded and downloadable imaging software and medical software for the management of patients' medical records; Recorded and downloadable computer software and firmware for medical imaging and 3D medical imaging; Recorded and downloadable computer software and firmware for the provision of medical services and platforms to access retinal images and patients' medical records; Recorded and downloadable computer software and firmware for use in optometry and ophthalmology for database management; Recorded and downloadable computer software and firmware for imaging and 3D imaging; Recorded and downloadable computer software and firmware for image processing and image analysis; Recorded and downloadable computer software and firmware for viewing and storing images; Recorded and downloadable computer software and firmware for retinal imaging; computer hardware and recorded and downloadable software for medical imaging apparatus and for image processing, image analysis and for viewing and storing images, and recorded and downloadable computer software and firmware for imaging for use in optometry and ophthalmology for database management; Recorded and downloadable computer software and firmware for imaging for use in optometry and ophthalmology for database management; Recorded and downloadable retinal imaging software and firmware; Recorded and downloadable medical software, namely, medical operating system software for medical imaging apparatus, medical software for storing, recording, displaying, accessing and report generation of patient's medical records and retinal image scans, and medical software for controlling and managing patient medical information; Recorded and downloadable medical software for 3D imaging; glass ophthalmic lenses; retinal imaging systems, namely, recorded and downloadable software for imaging the retina; liquid crystal display [LCD] projectors; cameras with liquid crystal display [LCD] projectors; digital cameras with liquid crystal display [LCD] projectors; microscopes; electron microscopes; biological microscopes; X-ray electron microscopes; rifle scopes; telescopic sights; monocles; spectacles; eyeglasses; optical glasses and eyeglasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; lenses for eyewear; eyeglass frames; solid state memory cards; memory cards; cell culture observation systems, namely, incubators for bacteria cultures, bioreactor for cell culturing, cell culture dishes and tissue culture flasks; magnifying glasses; crossbow scopes; digital photo frames; telescopes for firearms; sighting telescopes for firearms; semiconductor testing apparatus; apparatus for testing liquids and solids, namely, liquid crystal testing apparatus; cases especially made for photographic apparatus and instruments; filters for ultraviolet rays for cameras and digital cameras; filters for ultraviolet rays, for photography; filters for cameras and digital cameras; photographic filters; lens filters for cameras; lens filters for digital cameras; cameras; flash-bulbs for cameras and digital cameras; flash-bulbs; flashlights for cameras and digital cameras for use in photography; flashlights for use in photography; shutter releases for cameras and digital cameras; shutter releases; shutter releases for cameras; shutter releases for digital cameras; shutters for cameras and digital cameras; shutters; shutters for cameras; shutters for digital cameras; photographic slides; spools for cameras and digital cameras; photography spools for cameras; spools for cameras; spools for digital cameras; stands for photographic apparatus; photographic transparencies; viewfinders for cameras and digital cameras; viewfinders, photographic; viewfinders for cameras; viewfinders for digital cameras; tripods for cameras and digital cameras; tripods for cameras; tripods for digital cameras; epidiascopes; mobile phones; cellular phones; portable telephones; smartphones; handheld terminal devices in the nature of handheld computers; handheld communication interface devices and accessories therefor, namely, {INDICATE specific goods properly classified in Class 9, e.g. handheld computers, portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, personal digital assistants, wireless telephones, smart watches, etc.}; scanners; CCD (charge-coupled device) cameras; SD memory cards; secure digital (SD) memory cards; blank flash memory cards; flash card readers; recorded and downloadable video games software; audio speakers; loudspeakers; metronomes; bags specially adapted for cameras and photographic equipment; photographic machines and apparatus, namely, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint viewfinders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cinematographic machines and apparatus; measuring or testing machines and instruments, namely, surveying machines and instruments, coordinate measuring machines, photometers, illuminometers, concentration meters, comparators, metal compression testing machines, analysis instruments for photogrammetric purposes, transits for surveying, spectroscopes, interferometer, laser measuring systems, length measuring gauges, measuring spoons and cups, tire-pressure measurers, circuit testers, metal hardness testing machines, plastic testing machines, and apparatus for testing gas, liquids, and solids; measuring or testing machines and instruments, namely, spectroscope used for a terahertz wave, X-ray, computerized tomography, ultrasound and magnetic resonance inspection devices for non-medical, non-destructive testing; power distribution or control machines and apparatus, namely, electrical power distribution blocks, power distributing boxes, electricity distribution consoles, automatic electrical distribution boxes, electrical power distribution units; rotary converters; phase modifiers, namely, phase shifters for communication apparatus and optical phase shifters; batteries and fuel cells, photovoltaic cells, solar cells, dry cells, and lithium-ion batteries; electric meters, pulse generators for testing electric current, continuity test apparatus for electrical circuits; magnetic meters and testers, namely, {INDICATE specific goods properly classified in Class 9}; personal digital assistants in the shape of a watch; electronic machines, apparatus and their parts, not including Geiger counters, cyclotrons not for medical purposes, industrial x-ray machines and apparatus not for medical use, namely, electronic circuit cards, computers and their peripherals, electrostatic copying machines, electronic desk calculators, hand-held electronic dictionaries, word processors, electron tubes, electronic circuits, electronic computers, electronic machines for reading credit cards and recording financial operations, telephone answering machines, automatic answering machines, DVD machines; computers; display units for computers, namely, {INDICATE specific goods properly classified in Class 9, e.g. flexible flat panel displays for computers, computer mounts, etc.}; hard disk drives; printers, namely, {INDICATE specific types of printers, e.g. thermal printers, document printers, digital photo printers, computer printers for printing documents, etc.}; optical mouse, namely, computer mouse; electrostatic copying machines; electronic desk calculators; electronic dictionaries; word processors; electron tubes; semi-conductor elements, namely, semi-conductor memories, structured semi-conductor wafers and quantum dots in the nature of crystalline semi-conductor material; electronic circuits, not including those recorded with computer programs; recorded and downloadable computer programs for editing images, sound, and video; recorded and downloadable computer programs, namely, computer software for use in database management, for use as a spreadsheet, for word processing, for use in medical billing, and for use in financial accounting; geiger counters; cyclotrons, not for medical purposes; industrial X-ray machines and apparatus, not for medical use; industrial betatrons, not for medical use; magnetic prospecting machines, namely, magnetic locators, magnetic object detectors, seismic exploration machines and apparatus; magnetic object detectors; seismic exploration machines and apparatus; hydrophone machines and apparatus, namely, hydrophones; echo sounders; ultrasonic flaw detectors; ultrasonic sensors; remote control apparatus for closing doors; electron microscopes; laboratory apparatus and instruments, namely, air-gas producing apparatus in laboratories, namely, {INDICATE specific goods properly classified in Class 9}, constant temperature incubators, constant humidity incubators, glassware for scientific experiments in laboratories, porcelain ware for scientific experiments in laboratories, furnaces for laboratory experiments, chemistry apparatus and instruments in the nature of {INDICATE specific goods properly classified in Class 9}, incubators for bacteria culture, test tubes, laboratory centrifuges, chromatography apparatus for laboratory use, stills for laboratory experiments, furniture especially made for laboratories, laboratory trays, laboratory pipettes, furnaces for laboratory use, ovens for laboratory use, laboratory robots, crash test dummies, DNA chips, cosmographic instruments, namely, {INDICATE specific goods properly classified in Class 9}, biochips for research or scientific purposes, cupels, apparatus for fermentation, apparatus and instruments for physics in the nature of {INDICATE specific goods properly classified in Class 9}, Petri dishes, microtomes, capillary tubes in the nature of test tubes and laboratory storage tubes, diaphragms for scientific apparatus, namely, {INDICATE specific goods properly classified in Class 9}, distillation apparatus for scientific purposes, crucibles, retorts, namely, distillation apparatus for scientific purposes and stands specially adapted for holding distillation apparatus for scientific purposes; recorded and downloadable game programs for home video game machines; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; exposed cinematographic films; exposed slide films; slide film mounts; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; electric and electronic effects units for musical instruments; recorded and downloadable game programs for arcade video game machines

 

 

International Class 10:

 

Finger guards for medical purposes; pacifiers for babies; dummies for babies; ice bag pillows for medical purposes; triangular bandages for medical purposes, namely, elastic bandages, compression bandages and suspensory bandages; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; feeding bottle teats and teats being pacifiers for babies; medical ice bags; medical ice bag holders; baby bottles; nursing bottles; contraceptives, non-chemical, namely, contraceptive coils, contraceptive diaphragms; artificial tympanic membranes; prosthetics or fillings materials, not for dental use, namely, artificial materials for use in the replacement of bones; ear plugs for sleeping; ear plugs for soundproofing; esthetic massage apparatus for commercial use; medical apparatus and instruments, other than walking aids, crutches, namely, stethoscopes, chest percussors, sphygmomanometers, electrocardiographs, electroencephalographs, speculums, pelvimeters, probes, machines for testing vision and testing for eye diseases, ophthalmometers, tongue depressors, medical testing devices for measuring hearing loss in patients, namely, audiometers, inhalers sold empty for medical purposes, medical and surgical laparoscopes, medical and surgical scissors, knives for medical and surgical use, curettes, forceps elevators, forceps for medical use, surgical retractors, medical drill bits for cutting bone, surgical saws, dilators in the nature of nasal dilators, vaginal dilators and uterine dilators, surgical bougies, platinum cauteries, syringes, needles for medical use, sutures, sprayers for cleaning gums and teeth used in dentist’s offices during dental procedures, medical examination lamps, ultrasound diagnostic machines, examining and operating tables, medical operating lamps, medical procedure tables, stretchers, medical procedure chairs, dental drills, medical cutting devices, dental excavators, prosthetic instruments for dental purposes, prosthetic and filling materials, namely, artificial materials for use in the replacement of bones, orthodontic appliances, veterinary surgical instruments, fundus photography device, namely, ophthalmic cameras for medical purposes; walking aids for medical purposes; crutches; electric massage apparatus for household purposes; gloves for medical purposes; urinals being vessels for medical purposes; bed pans; ear picks; diagnostic apparatus for medical purposes, namely, gastroscopes, magnetic resonance CT apparatus, keratoscopes, tonometers, speculums, sphygmomanometers, blood testing apparatus, eye testing machines and apparatus, pelvimeters, clinical probes for medical purposes, electrocardiographs, tongue depressors, clinical thermometers, body-fat monitors, percussion hammers, stethoscopes, medical testing devices for measuring hearing loss in patients, namely, audiometers and electroencephalographs; hearing aids; artificial eyes; intraocular prostheses lenses for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; hearing protectors, namely, ear plugs for soundproofing and medical purposes, noise reducing earmuffs in the nature of hearing protectors without the ability to reproduce or transmit sound, hearing protection headsets in the nature of hearing protectors without the ability to reproduce or transmit sound; testing apparatus for medical purposes, namely, apparatus for culturing and observing cells in the nature of cell culture chambers; X-ray apparatus for medical purposes; protection devices against X-rays, for medical purposes, namely, medical x-ray aprons; apparatus for the treatment of deafness, namely, cochlear implants and hearing aids; blood testing apparatus; dental apparatus and instruments, namely, x-ray apparatus for dental imaging, apex locator, milling apparatus for dental purposes, intra-oral light systems; medical apparatus and instruments, namely, electromagnetic medical diagnostic imaging apparatus, irrigators for medical use, medical apparatus and instruments for use in general surgery, X-ray apparatus for medical use, medical imaging apparatus incorporating medical imaging software; sanitary masks for medical purposes

 

 

 

International Class 35:

 

Retail store services or wholesale store services for photographic apparatus and instruments and parts and accessories therefor; retail store services or wholesale store services for optical machines and apparatus and parts and accessories therefor; retail store services or wholesale store services for cameras, lenses and accessories therefor; retail store services for cameras, lenses and accessories provided via the Internet and other computer and electronic communication networks; retail store services for optical equipment and accessories provided via the Internet and other computer and electronic communication networks; retail store services for home electric appliances provided via the Internet and other computer and electronic communication networks; retail store services for related merchandise in the field of consumer electronics and entertainment equipment, provided via the Internet and other computer and electronic communication networks; providing information concerning commercial sales of online web sites; promotion, advertising and marketing of on-line web sites; on-line promotion of computer networks and web sites; providing online business and commercial information relating to products, services and events in the field of consumer electronics, all for business and commercial transactions and purposes; business management of retail outlets; collection, systematization, compilation and analysis of business data and information stored in computer databases; computerized point-of-sale data collection services for retailers for business purposes; business management of a retail enterprise; retail store services or wholesale store services for photographic machines and apparatus and photographic supplies; on-line retail store services relating to cameras, lenses and accessories; on-line retail store services relating to optical equipment and accessories; retail store services relating to home electric appliances; business administration; providing information relating to data processing; accounting; advertising; advertising agencies; advertising by mail order; bill-posting; business appraisals; business information; business inquiries; business management and organization consultancy; business management assistance; business management of performing artists; commercial information agencies; commercial or industrial management assistance; compilation of information into computer databases; cost price analysis; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction in the nature of photocopying services; marketing research; marketing studies; modelling for advertising or sales promotion; office machines and equipment rental; public opinion polling; market opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; payroll preparation; personnel management consultation; personnel recruitment; photocopying services; provision of business statistical information; provision of business statistical information on cameras and accessories; public relations; publication of publicity texts; publicity agency services; public relations agency services; writing of publicity texts; publicity material rental; radio advertising; business administrative services for the relocation of businesses; rental of advertising space; secretarial services; shop window dressing; business statistical information on sales of new goods; systemization of information into computer databases; tax preparation; television advertising; medical transcription; message transcription; typing; updating of advertising material; word processing; advertising and publicity services; promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; preparation of financial statements; employment agencies; auctioneering; import-export agencies; arranging newspaper subscriptions for others; shorthand services; office functions, namely filing, in particular documents or magnetic tapes; providing business assistance to enterprises in the field of computers, typewriters, telex machines and other similar office machines; reception services for visitors in buildings, namely, secretarial and clerical services; rental of typewriters, copying machines and word processors; providing employment information; newspaper advertising; rental of vending machines; retail store services or wholesale store services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together; retail store services or wholesale store services for woven fabrics and beddings; retail store services or wholesale store services for clothing; retail store services or wholesale store services for diapers; retail store services or wholesale store services for footwear, other than special footwear for sports; retail store services or wholesale store services for bags and pouches; retail store services or wholesale store services for personal articles; retail store services or wholesale store services for foods and beverages; retail store services or wholesale store services for liquor; retail store services or wholesale store services for meat; retail store services or wholesale store services for sea food; retail store services or wholesale store services for vegetables and fruits; retail store services or wholesale store services for confectionery, bread and buns; Retail store services or wholesale store services for rice and cereals; retail store services or wholesale store services for milk; retail store services or wholesale store services for carbonated drinks and non-alcoholic fruit juice beverages; retail store services or wholesale store services for tea, coffee and cocoa; retail store services or wholesale store services for processed food; retail store services or wholesale store services for automobiles; retail store services or wholesale store services for two-wheeled motor vehicles; retail store services or wholesale stores services for bicycles; retail store services or wholesale store services for furniture; retail store services or wholesale store services for joinery fittings; retail store services or wholesale store services for tatami mats; retail store services or wholesale store services for ritual equipment; retail store services or wholesale store services for electrical machinery and apparatuses; retail store services or wholesale store services for bladed or pointed hand tools, hand tools and metal hardware; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for agricultural machines, implements and supplies; retail store services or wholesale store services for flowers and trees; retail store services or wholesale store services for fuel; retail store services or wholesale store services for printed matter; retail store services or wholesale store services for paper and stationery; retail store services or wholesale store services for sports goods; retail store services or wholesale store services for toys, dolls, game machines and apparatus; retail store services or wholesale store services for musical instruments and records; retail store services or wholesale store services for clocks, watches and spectacles; retail store services or wholesale store services for tobaccos and smokers' articles; retail store services or wholesale store services for building materials; retail store services or wholesale store services for semi-wrought precious stones and their imitations; retail store services or wholesale store services featuring pets; management of computerized information files; management of computerized information files related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; business administration and management services via a global computer network for businesses distributing content related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; advertising via the Internet; business planning for sales promotion of a counterparty's goods or services provided on the Internet; business intermediary and advisory services relating to the matching of potential private investors with entrepreneurs needing funding; business intermediary services, namely, business advisory services in the field of product sales; business intermediary services, namely, business advisory services in the field of photography; providing media for advertisements for others, namely,  copy writing and development of the advertising content of books, pamphlets, brochures, magazines, posters and billboards, all for advertising purposes; providing business and commercial information on commodity sales regarding photographs and other goods; provision of business information and business advisory services relating to e-commerce

 

 

International Class 41:

 

Photography and providing information on photography; arranging, conducting and organization of seminars for photography and providing information on photography; arranging, conducting and organization of photography classes and providing information on photography classes; arranging, conducting and organization of photography events and providing information on photography events; arranging, conducting and organization of photography contests and providing information on photography contests; rental of cameras, digital cameras, video cameras and parts and accessories therefor; arranging, conducting and organization of photo exhibitions for entertainment and educational purposes and providing information on photo exhibitions for entertainment and educational purposes; providing facilities particularly for photo exhibitions and providing information on photo exhibition facilities; educational services, namely, providing classes, seminars, workshops and instruction relating to printing, photocopying, and scanning; digital imaging services; educational services, namely, providing classes, seminars, workshops and training services relating to digital images processing; photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of photographic equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of measuring or testing machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of optical machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of semiconductor manufacturing machines and systems including semiconductor testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of liquid crystal manufacturing machines and systems including liquid crystal testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of telecommunication devices and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of electronic machines and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of eyeglasses manufacturing machines and apparatus and their parts and fittings; providing non-downloadable electronic publications in the nature of books, magazines, newsletters, manuals, and instruction manuals in the field of photography and computer software; arranging, conducting and organization of seminars, providing information thereof; rental of optical machines and apparatus in the nature of {INDICATE types of machines and apparatus, e.g. photographic equipment, cinematographic machines and apparatus} used in education, entertainment and photography; editing and publication of printed matter; publication of photo books; publication of photo albums; publication of magazines; publication of electronic books and magazines on-line; multimedia publishing of magazines, journals and newspapers; multimedia publishing of magazines in the fields of software, photography, cameras, graphic art and illustrations; post-production editing services in the field of music, videos and films; rental of camera lenses and lenses for digital cameras and their parts and accessories; amusements, namely, amusement centers and providing amusement parks and facilities; club services, namely, night club services, dance club services, comedy club services, photography club services and social club services in the nature of arranging, organizing and hosting social events, get-togethers and parties for club members; education in the fields of arts, crafts, sports or general undergraduate knowledge rendered through correspondence courses; providing information on education; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services; movie studio services; nursery schools; entertainment or educational services in the nature of organization of competitions in the field of entertainment, education, culture, sports and other non-business and non-commercial fields; party planning; photographic reporting; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line music, not downloadable; providing on-line videos, not downloadable featuring music, movies, news, sports and education in the fields of {INDICATE fields of education videos}; providing recreation facilities; publication of books; on-line publication of electronic books and journals; rental of camcorders; rental of cine-films; rental of motion pictures; rental of sound recordings; rental of video cameras; teaching at elementary schools; teaching at junior high schools; educating at senior high schools; toy rental; educational services, namely, providing classes, seminars, workshops and instruction services relating to arts, crafts, sports or general undergraduate knowledge; planning arrangement of showing movies, shows, plays or musical performances; movie theatres; movie and film production and distribution; production of videotape film in the field of education, culture, entertainment or sports, not for movies or television programs and not for advertising or publicity; organization, arranging and conducting of sports competitions; organization of social entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; organization, arranging and conducting of horse races; organization, arranging and conducting of bicycle races; organization, arranging and conducting of boat races; organization, arranging and conducting of auto races; providing amusement facilities; providing sports facilities; providing facilities for movies, shows, plays, music or educational training; rental of television sets; rental of radio sets; rental of fishing equipment and instruments

 

 

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

 

 

PARTIAL ABANDONMENT ADVISORY

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services will be deleted from the application: 

 

 

International Class 5: pharmaceutical preparations for chemotherapy, immunotherapy and gene therapy research and scientific purposes; hemotropic agents in the nature of cellular function activating agents for medical and diagnostic purposes

 

International Class 9: extended eyepoint finders, mount adaptors, LCD monitor covers for cameras; LCD monitor covers for digital cameras; body-tubes for telescopes [lens barrels], body-tubes for microscopes [lens barrels]; computer software for editing and managing of photographs and movies; software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images [ -- medium recorded software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images including CD-ROMs, optical discs, magnetic discs and magnetic optical discs]; software program for use in digital photography to provide an image editing and printing environment for digital images recorded on magnetic and optical media, namely, CD-ROMs, optical disks, magnetic disks and magnetic optical disks; software for editing and managing of photographs and movies; Computer software for editing, adjusting, storing and printing digital images, including developing for RAW image data; electronic publications; non-contact measuring machines and instruments; computer software that provides web-based access to applications and services through a web operating system or portal interface; imaging software and medical software for the management of patients' medical records; computer software and firmware for medical imaging and 3D medical imaging; computer software and firmware for the provision of medical services and platforms to access retinal images and patients' medical records; computer software and firmware for use in optometry and ophthalmology for database management; computer software and firmware for imaging and 3D imaging; computer software and firmware for image processing and image analysis; computer software and firmware for viewing and storing images; computer software and firmware for retinal imaging; computer hardware and software for medical imaging apparatus and for image processing, image analysis and for viewing and storing images, and computer software and firmware for imaging for use in optometry and ophthalmology for database management; computer software and firmware for imaging for use in optometry and ophthalmology for database management; retinal imaging software and firmware; medical software, namely, medical operating system software for medical imaging apparatus, medical software for storing, recording, displaying, accessing and report generation of patient's medical records and retinal image scans, and medical software for controlling and managing patient medical information ;medical software for 3D imaging; retinal imaging systems, namely, software for imaging the retina; liquid crystal testing apparatus; handheld communication interface devices and accessories therefor; extended eyepoint finders; electric distribution consoles, automatic electrical distribution apparatus; electric or magnetic meters and testers; electronic machines, apparatus and their parts, namely, electronic circuit cards, computers and their peripherals, electrostatic copying machines, electronic desk calculators, hand-held electronic dictionaries, word processors, electron tubes, electronic circuits, Geiger counters, cyclotrons not for medical purposes, industrial x-ray machines and apparatus not for medical use, electronic computers, electronic machines for reading credit cards and recording financial operations, electrostatic coating machines, telephone answering machines, automatic answering machines, DVD machines; display units for computers; printers; optical mouse; semi-conductor elements; air-gas producing apparatus in laboratories, scientific models and specimens, chemistry apparatus and instruments, cosmographic instruments, biochips, cupels [laboratory], apparatus for fermentation [laboratory apparatus], apparatus and instruments for physics, capillary tubes, diaphragms for scientific apparatus, crucibles [laboratory], retorts, retorts' stands

 

International Class 10: triangular bandages for medical purposes; percussors, ophthalmolonometers, audiometers, inhalers, scopes, scissors, knives, elevators, separators, forceps, retractors, bone drills, planes, saws, dilators, bougies, cauters, needles, sprayers, lamps, kneaders, operating lights, stands, tables, cabinets, operating chairs, dental filling, drilling, cutting, excavating, planing, prosthetic, orthodontic tools, cleansers, fundus photography device; clinical probes, audiometers; hearing protectors, namely, ear plugs, noise reducing earmuffs, and hearing protection headsets; testing apparatus for medical purposes, namely, apparatus for culturing and observing cells

 

International Class 18: bags, namely, camera bags; jewellery pouches

 

International Class 35: providing an online business and commercial information relating to products, services and events in the field of consumer electronics, all for business and commercial transactions and purposes; document reproduction; relocation services for businesses; retail services or wholesale services for pets; providing media for advertisements for others, namely, books, pamphlets, brochures, magazines, posters and billboards; providing information on commodity sales regarding photographs and other goods

 

 

International Class 41: rental of optical machines and apparatus used in business, research, education, hobbies, entertainment and photography; providing on-line videos, not downloadable featuring music, movies, news, sports and education; rental of cameras

 

 

 

 

The application will then proceed with International Classes 7, 16, 37 and 44 and the following goods and/or services only: 

 

International Class 5: “Pharmaceutical preparations for medical purposes used in chemotherapy, immunotherapy, and gene therapy; pharmaceutical preparations for regenerative medical purposes; pharmaceutical preparations for gene therapy purposes; reagent paper for medical purposes; fumigants for agricultural purposes; fungicides for agricultural purposes; rodenticides for agricultural purposes; insecticides for agricultural purposes; herbicides; insect-repellents for agricultural purposes; antiseptics for agricultural purposes; oiled paper for medical purposes; drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals; gauze for dressings; empty capsules for pharmaceuticals; eyepatches for medical purposes; ear bandages; menstruation bandages; menstruation tampons; sanitary napkins; sanitary panties; absorbent cotton for medical purposes; adhesive plasters for medical purposes; bandages for dressings; liquid bandages; breast-nursing pads; cotton swabs for medical use; dental materials, namely, dental sealants, dental adhesives, dental ceramics, dental alloys, dental veneers, dental mastics, dental amalgams; baby diapers; cloth nappies as baby diapers; textile nappies as baby diapers; infant diaper covers; cloth nappy covers being infant diaper covers; textile nappy covers being infant nappy covers; fly catching paper; mothproofing paper; lacteal flour for babies; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies, namely, infant formula; food for babies; dietary supplements for animals; semen for artificial insemination; pharmaceutical agents affecting sensory organs; agents for ophthalmic use, namely, ophthalmic preparations; diagnostic preparations for medical or veterinary purposes; X-ray contrast agents; diagnostic reagents for medicinal use; diagnostic media for bacteriological cultures; biological preparations for medical purposes for the treatment of cancer, central nervous system diseases namely, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, encephalitis, epilepsy, Alzheimer's, cerebral palsy, Parkinson's disease, Arachnoid cysts, attention deficit hyperactivity disorder (ADHD), autism, bipolar disorder, catalepsy, depression, encephalitis, epilepsy, seizures, locked-in syndrome, meningitis, migraines, multiple sclerosis, myelopathy, neurodegenerative disorders, Huntington's disease, Tourette's', anxiety, smoking, obesity, sleep disorders, neuropathic pain, cognitive impairment, schizophrenia, neurodegeneration and centrally acting muscle spasm, and metabolic diseases namely, diabetes, hypoglycemia, gout, osteoarthritis, muscular dystrophy, anemia, hyperthyroidism, hypothyroidism, dyslipidemia, hypolipidemia, galatosemia, phenylketonuria, steroid induced diabetes, human immunodeficiency virus (HIV) treatment-induced diabetes, latent autoimmune diabetes in adults (LADA), nonalcoholic steatohepatitis (NASH), nonalcoholic fatty liver disease (NAFLD), hypoglycemia unawareness (HA), restrictive lung disease, diabetes development in subjects with congenital and HIV-associated lipoatrophy, fat redistribution syndrome, and metabolic syndrome (Syndrome X); biological preparations for medical purposes for the treatment of autoimmune diseases; biological preparations for medical purposes for the treatment of infectious diseases, namely, viral infections of the respiratory system and topical viral skin infections, viral infections of the circulatory system and lymph nodes, bacterial infections of the respiratory system, bacterial infections of the circulatory system and lymph nodes and fungal infections of the skin and nails; antitoxic sera; mixed biological preparations for the prevention and treatment of infectious diseases; vaccines; anticoagulants; blood substitutes for human and veterinary use; blood plasma; hemostatics for medical purposes; cellular function activating agents for medical or veterinary purposes; chlorophyll preparations for medical purposes, namely, pharmaceutical preparations for wounds, pharmaceutical preparations for skin care, chlorophyll detoxification agents for medical purposes and anti-cancer preparations; dye preparations for medical purposes, namely, surgical dyes; diagnostic preparations for medical purposes; medicines for veterinary purposes for treatment of pneumonia, hospital acquired pneumonia, urinary tract infection, gynecological infections, endometritis, pelvic inflammation, skin and skin structure infections, meningitis, septicemia; medicines for dental purposes; reagent paper for veterinary purposes; diagnostic agents, preparations and substances for medical purposes; diagnostic preparations for blood testing for medical or veterinary purposes; in vitro diagnostic preparations for medical purposes; in vitro diagnostic preparations and reagents for medical purposes”

 

 

International Class 9: “Photographic equipment and parts and accessories therefor, namely, lens caps, camera body caps, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cameras and parts and accessories therefor, namely, lens caps, camera body caps, eyepiece caps for cameras, eyecups for cameras; digital cameras and parts and accessories therefor, namely, lens caps, camera body caps, mount adaptors for digital cameras, eyepiece caps for digital cameras, eyecups for digital cameras; camera lenses; batteries for cameras and digital cameras; battery chargers for cameras and digital cameras; remote controls for cameras and digital cameras; cases for cameras and digital cameras; straps for cameras and digital cameras; optical machines and apparatus, namely, optical filters, optical lenses made of silica glass, periscopes,binoculars, telescopes, tripods for telescopes, reflectors for telescopes, prisms for telescopes, lenses for telescopes, microscopes, magnifying glasses, metallurgical microscopes, reflectors for microscopes, prisms for microscopes, lenses for microscopes, biological microscopes, polarizing microscopes, stereoscopes; binoculars; telescopes; range finders for cameras; downloadable computer software comprised of electronic instructional manuals for digital cameras; downloadable computer software for editing and managing of photographs and movies; downloadable computer software for transferring photographs and movies from a camera or memory card to a backup folder; downloadable computer software for uploading photographs and movies to an image storage and sharing service; downloadable computer software for adding GPS data to photograph and movie files; downloadable computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded computer software comprised of electronic instructional manuals for digital cameras; recorded computer software for transferring photographs and movies from a camera or memory card to a backup folder; recorded computer software for uploading photographs and movies to an image storage and sharing service; recorded computer software for adding GPS data to photograph and movie files; recorded computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded and downloadable computer software sold as a component of digital cameras, namely, computer software for editing and managing of photographs and movies, computer software for transferring photographs and movies from a camera or memory card to a backup folder, computer software for uploading photographs and movies to an image storage and sharing service; pre-recorded magnetic data carriers featuring medical imaging software; glass ophthalmic lenses; liquid crystal display [LCD] projectors; cameras with liquid crystal display [LCD] projectors; digital cameras with liquid crystal display [LCD] projectors; microscopes; electron microscopes; biological microscopes; X-ray electron microscopes; rifle scopes; telescopic sights; monocles; spectacles; eyeglasses; optical glasses and eyeglasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; lenses for eyewear; eyeglass frames; solid state memory cards; memory cards; cell culture observation systems, namely, incubators for bacteria cultures, bioreactor for cell culturing, cell culture dishes and tissue culture flasks; magnifying glasses; crossbow scopes; digital photo frames; telescopes for firearms; sighting telescopes for firearms; semiconductor testing apparatus; cases especially made for photographic apparatus and instruments; filters for ultraviolet rays for cameras and digital cameras; filters for ultraviolet rays, for photography; filters for cameras and digital cameras; photographic filters; lens filters for cameras; lens filters for digital cameras; cameras; flash-bulbs for cameras and digital cameras; flash-bulbs; flashlights for cameras and digital cameras for use in photography; flashlights for use in photography; shutter releases for cameras and digital cameras; shutter releases; shutter releases for cameras; shutter releases for digital cameras; shutters for cameras and digital cameras; shutters; shutters for cameras; shutters for digital cameras; photographic slides; spools for cameras and digital cameras; photography spools for cameras; spools for cameras; spools for digital cameras; stands for photographic apparatus; photographic transparencies; viewfinders for cameras and digital cameras; viewfinders, photographic; viewfinders for cameras; viewfinders for digital cameras; tripods for cameras and digital cameras; tripods for cameras; tripods for digital cameras; epidiascopes; mobile phones; cellular phones; portable telephones; smartphones; handheld terminal devices in the nature of handheld computers; scanners; CCD (charge-coupled device) cameras; SD memory cards; secure digital (SD) memory cards; blank flash memory cards; flash card readers; recorded and downloadable video games software; audio speakers; loudspeakers; metronomes; bags specially adapted for cameras and photographic equipment; photographic machines and apparatus, namely, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cinematographic machines and apparatus; measuring or testing machines and instruments, namely, surveying machines and instruments, coordinate measuring machines, photometers, illuminometers, concentration meters, comparators, metal compression testing machines, analysis instruments for photogrammetric purposes, transits for surveying, spectroscopes, interferometer, laser measuring systems, length measuring gauges, measuring spoons and cups, tire-pressure measurers, circuit testers, metal hardness testing machines, plastic testing machines, and apparatus for testing gas, liquids, and solids; measuring or testing machines and instruments, namely, spectroscope used for a terahertz wave, X-ray, computerized tomography, ultrasound and magnetic resonance inspection devices for non-medical, non-destructive testing; power distribution or control machines and apparatus, namely, electrical power distribution blocks, power distributing boxes, electrical power distribution units; rotary converters; phase modifiers, namely, phase shifters for communication apparatus and optical phase shifters; batteries and fuel cells, photovoltaic cells, solar cells, dry cells, and lithium-ion batteries; personal digital assistants in the shape of a watch; computers; hard disk drives; electrostatic copying machines; electronic desk calculators; electronic dictionaries; word processors; electron tubes; electronic circuits, not including those recorded with computer programs; recorded and downloadable computer programs for editing images, sound, and video; recorded and downloadable computer programs, namely, computer software for use in database management, for use as a spreadsheet, for word processing, for use in medical billing, and for use in financial accounting; geiger counters; cyclotrons, not for medical purposes; industrial X-ray machines and apparatus, not for medical use; industrial betatrons, not for medical use; magnetic prospecting machines, namely, magnetic locators, magnetic object detectors, seismic exploration machines and apparatus; magnetic object detectors; seismic exploration machines and apparatus; hydrophone machines and apparatus, namely, hydrophones; echo sounders; ultrasonic flaw detectors; ultrasonic sensors; remote control apparatus for closing doors; electron microscopes; laboratory apparatus and instruments, namely, constant temperature incubators, constant humidity incubators, glassware for scientific experiments in laboratories, porcelain ware for scientific experiments in laboratories, furnaces for laboratory experiments, incubators for bacteria culture, test tubes, laboratory centrifuges, chromatography apparatus for laboratory use, stills for laboratory experiments, furniture especially made for laboratories, laboratory trays, laboratory pipettes, furnaces for laboratory use, ovens for laboratory use, laboratory robots, crash test dummies, DNA chips, Petri dishes, microtomes, distillation apparatus for scientific purposes; recorded and downloadable game programs for home video game machines; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; exposed cinematographic films; exposed slide films; slide film mounts; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; electric and electronic effects units for musical instruments; recorded and downloadable game programs for arcade video game machines”

 

 

International Class 10: “Finger guards for medical purposes; pacifiers for babies; dummies for babies; ice bag pillows for medical purposes; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; feeding bottle teats and teats being pacifiers for babies; medical ice bags; medical ice bag holders; baby bottles; nursing bottles; contraceptives, non-chemical, namely, contraceptive coils, contraceptive diaphragms; artificial tympanic membranes; prosthetics or fillings materials, not for dental use, namely, artificial materials for use in the replacement of bones; ear plugs for sleeping; ear plugs for soundproofing; esthetic massage apparatus for commercial use; medical apparatus and instruments, other than walking aids, crutches, namely, stethoscopes, sphygmomanometers, electrocardiographs, electroencephalographs, speculums, pelvimeters, probes, machines for testing vision and testing for eye diseases, tongue depressors, curettes, syringes, sutures, ultrasound diagnostic machines, examining and operating tables, stretchers, veterinary surgical instruments; walking aids for medical purposes; crutches; electric massage apparatus for household purposes; gloves for medical purposes; urinals being vessels for medical purposes; bed pans; ear picks; diagnostic apparatus for medical purposes, namely, gastroscopes, magnetic resonance CT apparatus, keratoscopes, tonometers, speculums, sphygmomanometers, blood testing apparatus, eye testing machines and apparatus, pelvimeters, electrocardiographs, tongue depressors, clinical thermometers, body-fat monitors, percussion hammers, stethoscopes, and electroencephalographs; hearing aids; artificial eyes; intraocular prostheses lenses for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; X-ray apparatus for medical purposes; protection devices against X-rays, for medical purposes, namely, medical x-ray aprons; apparatus for the treatment of deafness, namely, cochlear implants and hearing aids; blood testing apparatus; dental apparatus and instruments, namely, x-ray apparatus for dental imaging, apex locator, milling apparatus for dental purposes, intra-oral light systems; medical apparatus and instruments, namely, electromagnetic medical diagnostic imaging apparatus, irrigators for medical use, medical apparatus and instruments for use in general surgery, X-ray apparatus for medical use, medical imaging apparatus incorporating medical imaging software; sanitary masks for medical purposes”

 

 

International Class 18: “Handbag frames; purse frames; horseshoes; leather straps; rawhides; raw skins; tanned leather; fur, namely, artificial, synthetic and imitation fur; industrial packaging containers of leather; clothing for domestic pets; pouches, namely, leather coin pouches, leather toiletry pouches, pouches for holding keys, pouches of textile; vanity cases, not fitted; umbrellas and their parts; walking sticks; canes; metal parts of canes and walking-sticks; handles for canes and walking sticks; saddlery; money pouches of textile; quilting pouches, namely, functional sacks for holding and carrying yarn while quilting; felt pouches; leather pouches; name card cases and credit card cases; business card cases; key cases; textile shopping bags; backpacks; rucksacks; handbags; leather and artificial, synthetic and imitation fur, unworked or semi-worked”

 

 

International Class 35: “Retail store services or wholesale store services for photographic apparatus and instruments and parts and accessories therefor; retail store services or wholesale store services for optical machines and apparatus and parts and accessories therefor; retail store services or wholesale store services for cameras, lenses and accessories therefor; retail store services for cameras, lenses and accessories provided via the Internet and other computer and electronic communication networks; retail store services for optical equipment and accessories provided via the Internet and other computer and electronic communication networks; retail store services for home electric appliances provided via the Internet and other computer and electronic communication networks; retail store services for related merchandise in the field of consumer electronics and entertainment equipment, provided via the Internet and other computer and electronic communication networks; providing information concerning commercial sales of online web sites; promotion, advertising and marketing of on-line web sites; on-line promotion of computer networks and web sites; business management of retail outlets; collection, systematization, compilation and analysis of business data and information stored in computer databases; computerized point-of-sale data collection services for retailers for business purposes; business management of a retail enterprise; retail store services or wholesale store services for photographic machines and apparatus and photographic supplies; on-line retail store services relating to cameras, lenses and accessories; on-line retail store services relating to optical equipment and accessories; retail store services relating to home electric appliances; business administration; providing information relating to data processing; accounting; advertising; advertising agencies; advertising by mail order; bill-posting; business appraisals; business information; business inquiries; business management and organization consultancy; business management assistance; business management of performing artists; commercial information agencies; commercial or industrial management assistance; compilation of information into computer databases; cost price analysis; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; marketing research; marketing studies; modelling for advertising or sales promotion; office machines and equipment rental; public opinion polling; market opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; payroll preparation; personnel management consultation; personnel recruitment; photocopying services; provision of business statistical information; provision of business statistical information on cameras and accessories; public relations; publication of publicity texts; publicity agency services; public relations agency services; writing of publicity texts; publicity material rental; radio advertising; rental of advertising space; secretarial services; shop window dressing; business statistical information on sales of new goods; systemization of information into computer databases; tax preparation; television advertising; medical transcription; message transcription; typing; updating of advertising material; word processing; advertising and publicity services; promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; preparation of financial statements; employment agencies; auctioneering; import-export agencies; arranging newspaper subscriptions for others; shorthand services; office functions, namely filing, in particular documents or magnetic tapes; providing business assistance to enterprises in the field of computers, typewriters, telex machines and other similar office machines; reception services for visitors in buildings, namely, secretarial and clerical services; rental of typewriters, copying machines and word processors; providing employment information; newspaper advertising; rental of vending machines; retail store services or wholesale store services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together; retail store services or wholesale store services for woven fabrics and beddings; retail store services or wholesale store services for clothing; retail store services or wholesale store services for diapers; retail store services or wholesale store services for footwear, other than special footwear for sports; retail store services or wholesale store services for bags and pouches; retail store services or wholesale store services for personal articles; retail store services or wholesale store services for foods and beverages; retail store services or wholesale store services for liquor; retail store services or wholesale store services for meat; retail store services or wholesale store services for sea food; retail store services or wholesale store services for vegetables and fruits; retail store services or wholesale store services for confectionery, bread and buns; Retail store services or wholesale store services for rice and cereals; retail store services or wholesale store services for milk; retail store services or wholesale store services for carbonated drinks and non-alcoholic fruit juice beverages; retail store services or wholesale store services for tea, coffee and cocoa; retail store services or wholesale store services for processed food; retail store services or wholesale store services for automobiles; retail store services or wholesale store services for two-wheeled motor vehicles; retail store services or wholesale stores services for bicycles; retail store services or wholesale store services for furniture; retail store services or wholesale store services for joinery fittings; retail store services or wholesale store services for tatami mats; retail store services or wholesale store services for ritual equipment; retail store services or wholesale store services for electrical machinery and apparatuses; retail store services or wholesale store services for bladed or pointed hand tools, hand tools and metal hardware; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for agricultural machines, implements and supplies; retail store services or wholesale store services for flowers and trees; retail store services or wholesale store services for fuel; retail store services or wholesale store services for printed matter; retail store services or wholesale store services for paper and stationery; retail store services or wholesale store services for sports goods; retail store services or wholesale store services for toys, dolls, game machines and apparatus; retail store services or wholesale store services for musical instruments and records; retail store services or wholesale store services for clocks, watches and spectacles; retail store services or wholesale store services for tobaccos and smokers' articles; retail store services or wholesale store services for building materials; retail store services or wholesale store services for semi-wrought precious stones and their imitations; management of computerized information files; management of computerized information files related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; business administration and management services via a global computer network for businesses distributing content related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; advertising via the Internet; business planning for sales promotion of a counterparty's goods or services provided on the Internet; business intermediary and advisory services relating to the matching of potential private investors with entrepreneurs needing funding; business intermediary services, namely, business advisory services in the field of product sales; business intermediary services, namely, business advisory services in the field of photography; provision of business information and business advisory services relating to e-commerce”

 

 

International Class 41: “Photography and providing information on photography; arranging, conducting and organization of seminars for photography and providing information on photography; arranging, conducting and organization of photography classes and providing information on photography classes; arranging, conducting and organization of photography events and providing information on photography events; arranging, conducting and organization of photography contests and providing information on photography contests; rental of cameras, digital cameras, video cameras and parts and accessories therefor; arranging, conducting and organization of photo exhibitions for entertainment and educational purposes and providing information on photo exhibitions for entertainment and educational purposes; providing facilities particularly for photo exhibitions and providing information on photo exhibition facilities; educational services, namely, providing classes, seminars, workshops and instruction relating to printing, photocopying, and scanning; digital imaging services; educational services, namely, providing classes, seminars, workshops and training services relating to digital images processing; photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of photographic equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of measuring or testing machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of optical machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of semiconductor manufacturing machines and systems including semiconductor testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of liquid crystal manufacturing machines and systems including liquid crystal testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of telecommunication devices and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of electronic machines and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of eyeglasses manufacturing machines and apparatus and their parts and fittings; providing non-downloadable electronic publications in the nature of books, magazines, newsletters, manuals, and instruction manuals in the field of photography and computer software; arranging, conducting and organization of seminars, providing information thereof; editing and publication of printed matter; publication of photo books; publication of photo albums; publication of magazines; publication of electronic books and magazines on-line; multimedia publishing of magazines, journals and newspapers; multimedia publishing of magazines in the fields of software, photography, cameras, graphic art and illustrations; post-production editing services in the field of music, videos and films; rental of camera lenses and lenses for digital cameras and their parts and accessories; amusements, namely, amusement centers and providing amusement parks and facilities; club services, namely, night club services, dance club services, comedy club services, photography club services and social club services in the nature of arranging, organizing and hosting social events, get-togethers and parties for club members; education in the fields of arts, crafts, sports or general undergraduate knowledge rendered through correspondence courses; providing information on education; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services; movie studio services; nursery schools; entertainment or educational services in the nature of organization of competitions in the field of entertainment, education, culture, sports and other non-business and non-commercial fields; party planning; photographic reporting; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line music, not downloadable; providing on-line videos, not downloadable featuring music, movies, news, sports; providing recreation facilities; publication of books; on-line publication of electronic books and journals; rental of camcorders; rental of cine-films; rental of motion pictures; rental of sound recordings; rental of video cameras; teaching at elementary schools; teaching at junior high schools; educating at senior high schools; toy rental; educational services, namely, providing classes, seminars, workshops and instruction services relating to arts, crafts, sports or general undergraduate knowledge; planning arrangement of showing movies, shows, plays or musical performances; movie theatres; movie and film production and distribution; production of videotape film in the field of education, culture, entertainment or sports, not for movies or television programs and not for advertising or publicity; organization, arranging and conducting of sports competitions; organization of social entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; organization, arranging and conducting of horse races; organization, arranging and conducting of bicycle races; organization, arranging and conducting of boat races; organization, arranging and conducting of auto races; providing amusement facilities; providing sports facilities; providing facilities for movies, shows, plays, music or educational training; rental of television sets; rental of radio sets; rental of fishing equipment and instruments.”

 

 

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

 

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

If the applicant has any questions or needs assistance in responding to this Office Action, please contact the assigned examining attorney.

 

/Katherine Weigle/

Examining Attorney

Law Office 101

U.S. Patent & Trademark Office

(571) 270-1506

katherine.weigle@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 06, 2020 for

U.S. Trademark Application Serial No. 79266068

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Katherine Weigle/

Examining Attorney

Law Office 101

U.S. Patent & Trademark Office

(571) 270-1506

katherine.weigle@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 06, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”