To: | In Medical Group Pty Ltd (tm@kimwinston.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88236908 - INCIRCLE - 4003.0007 |
Sent: | 4/12/2019 7:02:26 AM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88236908
MARK: INCIRCLE
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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: In Medical Group Pty Ltd
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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: 4/12/2019
The referenced application has been reviewed by the assigned trademark examining attorney.
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).
Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Summary of Issues
Indefinite Identification of Goods
The wording in the identification of goods is indefinite and must be clarified because additional specificity is required for an accurate classification of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 010: Apparatus for the heat treatment of cancer; Apparatus for the thermal treatment of cancer; Apparatus for the treatment of cancer; Electric heating appliances for medical therapeutic use; Electrical appliances for surgical purposes; Electrically operated surgical apparatus; Electro medical instruments for [specify use or function]; Electrodes for use with medical apparatus; Electronic medical instruments for [specify function or use]; Electro surgery apparatus and instruments; Grounding pads for medical use; High frequency coagulation instruments for medical purposes; High frequency generators for use in medical treatment; High frequency surgical apparatus and instruments; Medical devices for the ablation of tumors; Medical devices, namely, radiofrequency generators and needle electrode devices which deliver controlled energy to the targeted tissue for tissue ablation; Medical heating units with body contact applicators; Medical instruments for the surgical ablation of soft tissue, excluding medical knives and cutting devices; Medical electric field generators, spacers, and electrodes for the surgical ablation of soft tissue; Medical systems for the surgical ablation of soft tissue excluding medical knives and cutting devices; Sources of electromagnetic fields, namely, [specify nature of the goods eg. electromagnetic wave apparatus for mitigating the harmful effects of, and limiting the exposure to, of electromagnetic radiation on humans and animals] for use in medical treatment; Surgical devices and instruments
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 010 will be deleted from the application: “Electro medical instruments; Electronic medical instruments; Grounding pads; Sources of electromagnetic fields.”
The application will then proceed with the following goods in International Class 010: Apparatus for the heat treatment of cancer; Apparatus for the thermal treatment of cancer; Apparatus for the treatment of cancer; Electric heating appliances for medical therapeutic use; Electrical appliances for surgical purposes; Electrically operated surgical apparatus; Electrodes for use with medical apparatus; Electro surgery apparatus and instruments; High frequency coagulation instruments for medical purposes; High frequency generators for use in medical treatment; High frequency surgical apparatus and instruments; Medical devices for the ablation of tumors; Medical devices, namely, radiofrequency generators and needle electrode devices which deliver controlled energy to the targeted tissue for tissue ablation; Medical heating units with body contact applicators; Medical instruments for the surgical ablation of soft tissue, excluding medical knives and cutting devices; Medical electric field generators, spacers, and electrodes for the surgical ablation of soft tissue; Medical systems for the surgical ablation of soft tissue excluding medical knives and cutting devices; Surgical devices and instruments See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
/Regina C. Hines, Esq./
/Regina C. Hines/
Law Office 114
571-272-9451
regina.hines@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.