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: 10/3/2013

 

THIS IS A FINAL ACTION.

 

This Office action is in response to applicant’s communication filed on September 06, 2013.

 

In the first action, the examining attorney required the applicant to amend the identification of goods.  In its response, the applicant amended the identification of goods.

 

The identification of goods as to with “electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services 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,” 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; Electronic sensors for tracking, measuring and displaying physiologic parameters, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person wearing or carrying the device for medical and wellness use,” in Class 010.

 

FINAL REQUIREMENT – IDENTIFICATION OF GOODS

 

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

The requirement for definite identification of goods is now made FINAL for the reasons set forth below.  37 C.F.R. §2.64(a).

 

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

 

The applicant may adopt the following if accurate:

 

Class 009:        Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data IN THE NATURE OF ______ (SPECIFY WHAT IS BEING MEASURED, MONITORED, REPORTED AND ANALYZED) and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services 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, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes FOR MONITORING AND MEASURING ______ (SPECIFY WHAT IS BEING MONITORED AND MEASURED, e.g., HEART RATE, BLOOD PRESSURE, OXYGEN CONSUMPTION, ENERGY CONSUMPTION AND EXPENDITURE, STRESS LEVELS, DISTANCES TRAVELED) for MEDICAL USE SPECIFICALLY 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, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person 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.

 

For assistance with identifying and classifying goods and/or services 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.

 

Proper Response to Final Action

 

If applicant does not respond within six months of the date of issuance of this final Office action, the following goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment:  “Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition,” in Class 009 and “Electronic devices, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes, for use in the field of health, wellness and nutrition,” in Class 010. 

 

The application will then proceed for the following goods and/or services and/or classes:  “electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services 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,” 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; Electronic sensors for tracking, measuring and displaying physiologic parameters, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person wearing or carrying the device for medical and wellness use,” in Class 010.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final Office action by:

 

(1)  Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

 

(2)  Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

 

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

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 10/3/2013 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 10/3/2013 (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.