To: | Senseonics, Incorporated (trademarks@fenwick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87077093 - EVERSENSE - 29160-00070 |
Sent: | 8/22/2016 1:36:02 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87077093
MARK: EVERSENSE
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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: Senseonics, Incorporated
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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: 8/22/2016
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF SERVICES
“computer software for recording, analyzing, reporting and managing patient health and medical information”
The identification of services is indefinite because it is not clear that the software is a service. Applicant must indicate that the software is a service by specifying that it is not downloadable. For example: “Class 42: 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”
The identification of services is indefinite because the function of the software is not clear. Applicant must indicate the specific function of the software offered. For example: “Class 42: Cloud computing featuring computer application software for use {indicate the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc.}.”
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 use {indicate the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc.}; 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.
ASSISTANCE
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.
/Anna H. Rosenblatt/
Examining Attorney
Law Office 120
(571) 272-4599
anna.rosenblatt@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.