To: | DJO, LLC (sandiego@eip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86850873 - CHATTANOOGA - T1598.US# |
Sent: | 1/20/2016 11:20:00 AM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86850873
MARK: CHATTANOOGA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: DJO, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 1/20/2016
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH OF OFFICE RECORDS
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
INFORMALITY
The applicant must respond to the following informality within six months or the application will be abandoned:
Identification of Goods
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
Electrotherapy stimulation devices comprising electrical nerve and muscle stimulators for rehabilitative and pain management purposes, and parts and fittings therefor; medical ultrasound therapy devices, and parts and fittings therefor; continuous active motion devices for rehabilitation of [applicant must specify the body part, e.g. leg, arm]; continuous passive motion devices; therapeutic cold therapy units, namely, cold therapy packs and pads; cooling apparatus used for medical and therapeutic equipment used during medical and therapeutic procedures; compression therapy units, and parts and fittings therefor for reducing pain, swelling and inflammation; therapeutic heat therapy units, namely, heat therapy packs and pads; heating apparatus used for medical and therapeutic equipment used during medical and therapeutic procedures; traction apparatus for medical use; patient treatment tables; invalid patient lifts; patient slings for medical use; supports for head, neck, and limbs for medical use; orthopedic supports; physical exercise devices for medical and therapeutic purposes; measurement devices for medical use, namely, dynamometers, calipers for measuring body fat, [applicant must further specify goniometers, and pinch gauges as the nature and use of the goods is unclear] (in International Class 10). TMEP §1402.01.
Information Request
Applicant must specify for the record whether the goods originate from Chattanooga, TN. 37 C.F.R. §2.61(b); TMEP §814.
Applicant’s Response
Guidelines for responding are set forth below.
PLEASE NOTE: Applicant is encouraged to respond to the issue raised above via telephone or informal email.
/wgb/
William Breckenfeld
Trademark Attorney
Law Office 116
571-272-9133 Phone
william.breckenfeld@uspto.gov (informal queries)
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.