UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

 

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 6/18/2013

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

Identification of Goods

 

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

The wording specified below in the identification of goods is indefinite and must be clarified to further clarify the nature of the goods (see below for explanations and suggestions).  See TMEP §1402.01.

 

The applicant may adopt the following if accurate:

 

Class 009:        Electronic devices FOR ____ (SPECIFY COMMON COMMERCIAL NAME OF ELECTRONIC DEVICE OR CLASS 009 FUNCTION OF DEVICE) and computer hardware and software FOR ______ (SPECIFY FUNCTION OF SOFTWARE) for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism IN THE NATURE OF ______ (SPECIFY COMMON COMMERCIAL NAME FOR DELIVERY MECHANISM) for electronic sensors used in tracking, measuring and displaying physiologic parameters, not for medical use; Computer hardware and software that provides web-based access to applications and services through a web operating system, or portal interface for the purpose of personal health and wellness monitoring

 

Class 010:        Electronic devices FOR _____ (SPECIFY COMMON COMMERCIAL NAME OF ELECTRONIC DEVICE OR CLASS 010 FUNCTION OF DEVICE) for use in the field of health, wellness and nutrition; Health monitoring devices, wearable electronic devices for measuring, monitoring and reporting telemetry data relating heart rate, blood pressure, oxygen consumption, energy consumption and expenditure, stress levels, distances traveled, and other biometric criteria, and reporting results via an interactive display with supporting connected services; Medical apparatus and instruments for use in monitoring and reporting heart, respiratory and metabolic functions; Electronic sensors for tracking, measuring and displaying physiologic parameters IN THE NATURE OF _____ (SPECIFY, e.g., SENSORS FOR MONITORING AND MEASURING BLOOD PROPERTIES AND RESPIRATORY EVENTS, SENSORS TO MONITOR THE PHYSICAL MOVEMENTS OF A PATIENT WEARING OR CARRYING THE DEVICE), for medical and wellness use

 

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Proper classification of goods is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office.  In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).

 

For assistance with identifying and classifying goods in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

If applicant does not respond to this Office action within the six-month period for response, then the following goods will be deleted from the application:  “Electronic devices and computer hardware and software for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism for electronic sensors used in tracking, measuring and displaying physiologic parameters, not for medical use,” in Class 009 and “Electronic devices for use in the field of health, wellness and nutrition; Electronic sensors for tracking, measuring and displaying physiologic parameters, for medical and wellness use,” in Class 010. 

 

The application will then proceed with the following goods only:  “Computer hardware and software that provides web-based access to applications and services through a web operating system, or portal interface for the purpose of personal health and wellness monitoring,” in Class 009 and “Health monitoring devices, wearable electronic devices for measuring, monitoring and reporting telemetry data relating heart rate, blood pressure, oxygen consumption, energy consumption and expenditure, stress levels, distances traveled, and other biometric criteria, and reporting results via an interactive display with supporting connected services; Medical apparatus and instruments for use in monitoring and reporting heart, respiratory and metabolic functions,” in Class 010.  37 C.F.R. §2.65(a).

 

If applicant has questions about its application or this Office action, please contact the assigned trademark examining attorney at the telephone number below.

 

/Christina Sobral/

Trademark Examining Attorney

Law Office 109

571-272-5703

Christina.Sobral@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/18/2013 FOR U.S. APPLICATION SERIAL NO. 85894588

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 6/18/2013 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.