To: | FASPRO SYSTEMS CO., LTD (tm@kimwinston.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88237197 - FASMEDO - 2022.0154 |
Sent: | 3/15/2019 8:04:50 PM |
Sent As: | ECOM126@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88237197
MARK: FASMEDO
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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: FASPRO SYSTEMS CO., 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: 3/15/2019
INTRODUCTION
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).
However, applicant must address the following.
· Clarification of the Identification of Goods
· Multi-class Application Advisory and Requirements
· Requirement for a Translation Statement
CLARIFICATION OF THE IDENTIFICATION OF GOODS
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods may not later be reinserted. TMEP §1402.07(e).
Additionally, applicant must clarify the wording “Wearable computers in the nature of connected bracelets” and “Wearable electronic devices, namely, wearable computers” in the identification of goods in International Class 009 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear the nature of the goods. Further, this wording could identify goods in more than one international class. For example, “wearable computers in the nature of smartglasses” are in Class 009, “wearable computers in the nature of activity trackers sold as integral components of running shoes” are in Class 025, and “jewelry in the nature of bracelets incorporating a computer storage device containing medical information for medical alert purposes” are in Class 014.
Based on the other goods listed in the application, it is likely that the applicant’s wearable computers and wearable electronic devices are in the nature of smartwatches or activity trackers in Class 009.
Applicant may adopt the following identification of goods, if accurate. Suggested edits are in bold.
· Class 009:
Cameras; Optical video camera; Viewfinders, photographic; Digital camera; DVR for security monitoring; Digital camera; Digital Video Recorder; Stands for photographic
apparatus; Lenses for photographic apparatus; Vehicle video recorder; Electric and electronic video surveillance installations; Video Monitors; Theft prevention installations, electric, namely, theft
alarms; Anti-theft warning apparatus, namely, burglar alarms; Smartglasses; Smartwatches; Wearable computers in the nature of connected bracelets in the nature of wearable activity
trackers; Wearable activity trackers; Wearable electronic devices, namely, wearable computers in the nature of wearable activity trackers; Virtual reality
glasses
· Class 010:
Mirrors for dentists; Orthodontic appliances; Endoscopy cameras for medical purposes; Apparatus for DNA and RNA testing for medical purposes; Microscopes for surgical operations; surgical mirrors;
Optometric instruments for locating the optical center of ophthalmic lenses; Medical instrument for ophthalmology diagnostics; Physical exercise apparatus, for medical purposes; Apparatus for
Physical training for medical use; Medical apparatus and instruments for monitoring oxymetory, gas analysis and vital signs; Medical apparatus and instruments for use in surgery; Medical devices,
namely, patient monitors and patient sensors for monitoring and measuring blood properties and respiratory events; Dental apparatus, namely, Dental
apparatus, namely, intra-oral light systems; medical and dental apparatus for dimensional measurement, namely, 3D scanner for human body; Dental device that expands the mouth to improve the field of
view inside the mouth, and extracts saliva from the work area inside the mouth; Dental instruments, namely, root canal therapy instruments used to shave the inside of a root canal; Dental
instruments, namely, dental examination chair; Orthodontic machines and instruments; Surgical apparatus and instruments for veterinary use; medical instruments to measure blood pressure, cardiac
output and other physiological and cardiovascular parameters; medical instruments for use in performing biopsies; surgical and medical apparatus and instruments for use in general surgery; Ultrasound
diagnostic apparatus; X-ray diagnostic apparatus; Organoleptic diagnostic testing apparatus for medical, dental or cosmetic use; Medical diagnostic apparatus, analytical apparatus for medical
purposes and blood pressure measuring apparatus
If applicant adopts the suggested wording above to add international classes, applicant must comply with the multiple-class requirements specified in this Office action below.
Scope Advisory
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTI-CLASS APPLICATION ADVISORY AND REQUIREMENTS
(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 already paid (view the USPTO’s current fee schedule). The application identifies goods that can be classified in more than two classes; however, applicant submitted a fee sufficient for only two classes. 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) and Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Fee Advisory
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
REQUIREMENT FOR A TRANSLATION STATEMENT
· The English translation of “FASMEDO” is “<insert translation>”.
TMEP §809.03.
Alternatively, if the wording has no meaning in a foreign language, applicant should provide the following statement:
· The wording “FASMEDO” has no meaning in a foreign language.
Id.
ASSISTANCE
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.
/Julie H. Choe/
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 126
(571) 270-3368
Julie.Choe@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.