To: | Ablacon Inc. (ipdocketmwe@mwe.com) |
Subject: | U.S. Trademark Application Serial No. 88214906 - AF WATCH - 108422-0015 |
Sent: | October 17, 2019 12:38:53 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
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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Correspondence Address: 444 West Lake Street, Suite 4000
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Applicant: Ablacon Inc.
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Reference/Docket No. 108422-0015
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
The application was approved for publication on September 24, 2019. Upon further review by the Office, however, the following requirement must be made. The examining attorney apologizes for any inconvenience the untimliness of this action may cause.
Note: Applicant may expedite the resolution of these issues by calling or emailing the examining attorney below to issue an Examiner’s Amendment.
Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Specifically, in Class 42, “monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data” may be misclassified. If this is for patient treatment is in Class 44. If these are for research purposes, they would be in Class 42, and must be specified as such in the application. International Class 44:
Further, the services listed in class 44 as “providing medical and patient information and data blockchain databases, including shared or reconciled blockchain databases” are indefinite and possibly misclassified as the applicant has not indicated the subject matter of the information contained on the blockchain. A blockchain is a decentralized public ledger of information, therefore if services feature information stored on or accessed via a blockchain, the subject matter of the information is necessary for proper classification. The following would be acceptable in Class 44: “providing medical and patient information via blockchain databases, including shared or reconciled blockchain databases”
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.
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.
How to respond. Click to file a response to this nonfinal Office action
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/FrankLattuca/
Frank Lattuca
Examiing Attorney
Law Office 109
(571) 270-1518
Frank.Lattuca@uspto.gov
RESPONSE GUIDANCE