To: | A.M.G. Medical Inc. (lshyavitz@mccarter.com) |
Subject: | U.S. Trademark Application Serial No. 88237809 - PROACTIVE - 122530-00065 |
Sent: | October 16, 2019 08:13:35 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88237809
Mark: PROACTIVE
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Correspondence Address: |
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Applicant: A.M.G. Medical Inc.
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Reference/Docket No. 122530-00065
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: October 16, 2019
This Office action is in response to applicant’s communication filed on September 14, 2019. The reliance on the foreign registration and the substitute specimen are acceptable.
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
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).
Refusal and requirement resolved. The following refusals are WITHDRAWN:
• Section 2(d) – Likelihood of Confusion
• Specimen – Substitute specimen is acceptable.
See TMEP §713.02.
The following requirement is continued:
Goods
The amendment to the identification of goods is partially indefinite and must be clarified because “thermal energy transfer activated hold and cold compresses; thermal energy transfer activated hot compresses; thermal energy transfer activated cold compresses” is confusing as written because “hot” is misspelled as “hold” and the applicant must specify what activates the thermal energy. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
(Based on Use in Commerce) (Based on 44(d) Priority Application) Chemically activated hot and cold compresses; therapeutic hot and cold compression wraps; thermo-electric activated hot and cold compresses; chemically activated hot compresses; therapeutic hot compression wraps; thermo-electric activated hot compresses; chemically activated cold compresses; therapeutic cold compression wraps; thermo-electric activated cold compresses; (Based on Intent to Use) (Based on 44(e)) electromedical rehabilitative and pain management products for clinical and home use, namely, trans cutaneous electrical stimulators, muscle stimulators and electrical muscle stimulators; electric massage apparatus. International Class 10.
See id. This requirement will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
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.
/D. Beryl Gardner/
Trademark Examining Attorney
Law Office 117
571-272-9162 (O)
571-273-9162 (F)
beryl.gardner@uspto.gov