Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 10/12/2018

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Michael Bosworth on October 12, 2018, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of services may clarify or limit the services, but may not add to or broaden the scope of the services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

Identification of Services

 

The identification of services is amended to read as follows:  

 

Class 42: Software as a service (SAAS) featuring software for providing medical examination, diagnosis, and data and information extraction related to medical endoscopy diagnosis, examination, data analysis, and medical devices and cleaning; Software as a service (SAAS) featuring software for capturing, storing, and analyzing data and information captured from medical devices or equipment, namely an ingestible endoscopy device; Providing temporary use of a non-downloadable web-based software application for displaying video and audio information related to medical endoscopy diagnosis, examination, data analysis, and medical devices and cleaning; Providing temporary use of a non-downloadable web-based software application for displaying, analyzing, analysis and recording of data and information captured from medical devices or equipment, namely, an ingestible endoscopy device; Providing an Internet website portal in the fields of medical endoscopy diagnosis, examination, data analysis, and medical devices and cleaning; Providing an Internet website portal featuring medically-related data and information; Providing an Internet website portal in the field of an ingestible endoscopy devices

 

See TMEP §§1402.01, 1402.01(e).

 

Mark Description and Color Claim

 

The following description of the mark and description of color in the mark replaces the current description of record:

 

The colors white, black, and blue are claimed as a feature of the mark. 

 

The mark consists of the stylized black wording “CAPSO CLOUD” where a blue cloud design separates each word and sits above the wording. The wording and design sit against a white background. 

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

Assistance

 

If applicant has questions regarding this Examiner’s Amendment, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Examiner’s Amendment and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Examiner’s Amendment, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

/Alexandra Suarez/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 120

p) 571-272-4845

e) alexandra.suarez@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.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 10/12/2018 FOR U.S. APPLICATION SERIAL NO.88011729

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.