To: | CAMBRIGE OVERSEAS DEVELOPMENT INC. (mlombard@lgtrademark.com) |
Subject: | U.S. Trademark Application Serial No. 88284649 - 3+ - 121.0612 |
Sent: | November 13, 2019 10:54:29 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88284649
Mark: 3+
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Correspondence Address: |
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Applicant: CAMBRIGE OVERSEAS DEVELOPMENT INC.
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Reference/Docket No. 121.0612
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.
Issue date: November 13, 2019
This Office action is supplemental to and supersedes the previous Office action issued on March 8, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: amend the identification of goods. See TMEP §§706, 711.02.
In a previous Office action(s) dated March 8, 2019, the applicant was required to satisfy the following requirement(s): amend the identification of goods. The application abandoned in September of 2019. The petition to review was accepted on October 3, 2019.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Identification and Classification of Goods
Applicant must respond to all issues raised in this Office action and the previous March 8, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
IDENTIFICATION AND CLASSIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
“International Class 9: Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information; wearable activity trackers, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents, and for manipulating text and image files, activity tracking device.”
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.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
/Joseph P. McCarthy/
Trademark Examining Attorney
Law Office 127
Phone: (571) 272-0458
joseph.mccarthy@uspto.gov
RESPONSE GUIDANCE