To: | MedAvail, Inc. (trademark@winthrop.com) |
Subject: | U.S. Trademark Application Serial No. 88166517 - SPOTRX - 21817.18 |
Sent: | August 26, 2019 10:31:13 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88166517
Mark: SPOTRX
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Correspondence Address: |
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Applicant: MedAvail, Inc.
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Reference/Docket No. 21817.18
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: August 26, 2019
This letter is in response to applicant’s communication on August 12, 2019. Per applicant’s request, the following services have been added to this application from a companion application U.S. Serial No. 88166519 and amended as follows: “Operation of an internet website for pharmacy customers with the ability to view and refill prescriptions, namely, providing an internet website featuring technology that enables pharmacy customer users to view and refill prescriptions”. Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: amendment of the identification of services. See TMEP §713.02. In addition, the trademark examining attorney withdraws her advisory that a mark in a prior-filed pending U.S. Application Serial No. 88026724 may present a bar to registration of applicant’s mark.
The application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application below has an earlier filing date or effective filing date than applicant’s application. If the mark in the application below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark. 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §1208.02(c). Action on this application is suspended until the prior-filed application below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application below was sent previously.
- U.S. Application Serial No. 87898635.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Maryna Koberidze/
Trademark Examining Attorney
Law Office 127
Maryna.koberidze@uspto.gov
571-270-7630