To: | Ablacon Inc. (tom@woodspatentlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88214906 - AF WATCH - T ABL 107 US |
Sent: | 3/6/2019 10:33:20 AM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88214906
MARK: AF WATCH
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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: Ablacon Inc.
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 3/6/2019
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Here, the applied for mark is AF WATCH for a variety of medical goods, as well as medical services and research and measuring services. The goods, as listed, specifically include the term “watches” and applicant’s services likely work in conjunction with this hardware.
Further, the attached evidence demonstrates the AF is a commonly understood abbreviation for Atrial Fibrillation. The examining attorney has also attached evidence of a journal abstrtact discussing the ability of smartwatches to track and detect atrial fibrillations. The mark, as a whole, describes applicant’s goods as hardware and services used by consumers to track and detect atrial fibrillation via smart watch. See Attached.
The mark is refused as merely descriptive of the goods.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified. Applicant must further specify the nature of some of the goods, as well as potentially reclassify them. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Class 09: mobile phones, computer and computer apparatus hardware having recorded software programs and software apps for use in acquiring process data from electrocardiograph monitors, data, hardware, watches, and apparatus
Class 10: Medical apparatus and instruments for treating cardiovascular disease; surgical apparatus and instruments; defibrillators;
medical instruments for cardiovascular diagnostics; medical electrodes; electrocardiograph apparatus; high frequency electromagnetic therapy apparatus; low frequency electric therapy apparatus;
catheters; rigid and flexible medical endoscopes; cardiac electrophysiological mapping catheters; cardiac probes; medical guidewires; stents; heart pacemakers; electrocardiograph monitors and
apparatus, Comprised of<specify all components> wearable electrocardiograph monitors, watches and apparatus namely<apparatus on its own is
indefinite>; apparatus and hardware configured to analyze electrocardiographs namely<specify by common commercial name>; mobile
phone, computer and apparatus hardware having programs or apps configured to acquire and process data from electrocardiograph monitors, data, hardware, watches, and apparatus
Class 42: Scientific and technological services, namely, scientific research in the field of cardiology; scientific and technological services, namely, monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data; design of apparatus and instruments for monitoring, analyzing, treating, and diagnosing cardiovascular disease; research and development in the field of cardiac catheters and cardiac disease measurement and diagnosis apparatus and instruments; industrial research in the field of apparatus and instruments for monitoring, treating and diagnosing cardiovascular disease; design and development of computer servers, computer hardware, and computer software; design and development of data acquisition, computer cloud data acquisition, data monitoring, data processing, data analysis, and medical diagnosis hardware and software in the field of cardiovascular disease; providing a web hosting platform for hosting patient information and data management in the field of cardiovascular information; medical laboratory services
Class 44: Health care services, namely, providing a platform and
database for patient information and data management in the field of cardiovascular information; acquisition and collection of data and information, including remote acquisition and collection of
data and information, for cardiovascular treatment and diagnostic purposes; medical diagnosis and medical examination services of cardiovascular diseases for medical and clinical purposes; medical
services by a cardiologist or medical technician; medical laboratory services; providing health care information in the field of
cardiovascular disease by electronic means in the nature of computer networks and computer cloud data acquisition
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.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fee(s) sufficient for only one class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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 $125 per 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 or e-mail without incurring this additional fee.
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/FrankLattuca/
Frank Lattuca
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 270-1518
Frank.Lattuca@u
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.