To: | Senseonics, Incorporated (trademarks@fenwick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87025094 - EVERSENSE - 29160-00070 |
Sent: | 2/24/2017 12:55:30 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87025094
MARK: EVERSENSE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Senseonics, Incorporated
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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: 2/24/2017
On February 21, 2017, applicant submitted an amended identification of services. The amended identification of services is not acceptable for the reasons set forth below.
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 identified below precedes the filing date of applicant’s application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark. 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 is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application was sent previously.
- Application Serial No. 79178803
REQUIREMENT CONTINUED AND MAINTAINED: The following requirement is continued and maintained: requirement to amend the identification of services.
IDENTIFICATION OF SERVICES
Applicant may adopt the following identification if accurate:
“Class 42: Cloud computing featuring computer application software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels; providing temporary use of on-line non-downloadable computer software for recording, analyzing, reporting and managing patient health and medical information; cloud computing featuring computer application software for third parties to access patient glucose levels and patient health and medical information; cloud computing featuring computer application software for recording, analyzing, reporting and managing patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for third parties to access patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels, related glucose level data and patient health and medical information; Software as a service (SaaS) services featuring software for recording, analyzing, reporting and managing patient health and medical information.”
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.
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.
/Anna H. Rosenblatt/
Examining Attorney
Law Office 120
(571) 272-4599
anna.rosenblatt@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.