To: | KONINKLIJKE PHILIPS N.V. (Lillian.Drumheller@philips.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86895717 - PHILIPS - PHILIPS |
Sent: | 8/17/2016 8:59:13 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86895717
MARK: PHILIPS
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CORRESPONDENT ADDRESS: EDWARD W. GOODMAN, SHERRY WOMACK AUSTIN, |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: KONINKLIJKE PHILIPS N.V.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 8/17/2016
This notice supersedes the notice issued on August 16, 2016. Upon further review, applicant’s proposed amended identification of services is not acceptable, and thus that requirement is continued and maintained.
The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) was sent previously.
- Application Serial No(s). 86810972 and 86852641
REFUSAL/REQUIREMENT CONTINUED AND MAINTAINED: The following refusal and requirement are continued and maintained: Section 2(d) refusal to register as to U.S. Registration No. 4892012 and identification of goods and services.
The wording “Healthcare analysis services, namely, personal health coaching of a user and providing advice in the field of physical
activity, sleep, stress and nutrition based on personal health data, physiological parameters, vital sign health information and contextual information” in the identification of services in
International Class 41 and
“healthcare analysis services, namely, making lifestyle suggestions and recommendations, namely, providing wellness information and advice in the fields of physical activity,
nutrition, sleep and stress, based on personal health data, physiological parameters, vital sign health information and contextual information” in International Class 44 must be clarified because
it is too broad and could include services in other international classes. See TMEP §§1402.01, 1402.03. The service of providing
advice is classified according to the subject of the advice provided and advice about physical exercise is in International Class 41, advice about sleep, nutrition and stress reduction is in
International Class 44.
REFUSALS WITHDRAWN: The Section 2(d) refusal to register based on U.S. Registration Nos. 0887175, 1243444, 1246891 and 1572983 is withdrawn as the cited registrations have been cancelled. The Section 2(d) refusal as to U.S. Registration No. 4833648 is withdrawn based on the amended identification of goods in the application. The Section 2(d) refusal as to U.S. Registration Nos. 0706721, 0873369, 0888290, 0893190, 0909496, 0950704, 0951321, 1006876, 1016739, 1180943, 1244162, 1244163, 1644989, and 1652910 is withdrawn based on applicant’s claim of ownership of these registrations.
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
/April Roach/
/April Roach/
Trademark Examining Attorney
Law Office 115
(571) 272-1092
april.roach@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.