Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

EXAMINER’S AMENDMENT

Issue date:  October 22, 2019

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

Application has been amended as shown below.  As agreed to by Joshua S. Jarvis, Esq., on October 22, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

IDENTIFICATION OF SERVICES

The identification of services is amended to read as follows: 

“Providing a website featuring non-downloadable software for uploading, downloading, and accessing information and reports related to genetic testing and DNA screening in the fields of health, wellness, fitness, exercise recovery, metabolism, muscle strength, endurance, intelligence, speed, joint health, power performance, skin health, skin quality, ultraviolet sensitivity, skin elasticity, skin hydration, collagen degradation, caffeine metabolism, lactose intolerance, taste, alcohol tolerance, cilantro sensitivity, cholesterol, body mass, fats, fatty acid response, appetite, food reward, eating inhibition, obesity, weight, weight gain, vitamin and mineral deficiency, altitude susceptibility, sensitivity, and resiliency, perfect pitch, pain tolerance, cognitive skills and abilities, spatial reasoning, sleep, nutrition, psychological resiliency, and other physical, cognitive, and emotional attributes; genetic testing for scientific research and medical research purposes in the field of fitness analysis; genetic testing for analyzing genes related to health, wellness, fitness, exercise recovery, metabolism, muscle strength, endurance, intelligence, speed, joint health, power performance, skin health, skin quality, ultraviolet sensitivity, skin elasticity, skin hydration, collagen degradation, caffeine metabolism, lactose intolerance, taste, alcohol tolerance, cilantro sensitivity, cholesterol, body mass, fats, fatty acid response, appetite, food reward, eating inhibition, obesity, weight, weight gain, vitamin and mineral deficiency, altitude susceptibility, perfect pitch, pain tolerance, cognitive skills and abilities, spatial reasoning, sleep, and nutrition, all the foregoing for scientific research and medical research purposes; DNA screening for scientific research and medical research purposes in the field of fitness analysis; DNA screening for analyzing genes related to health, wellness, fitness, exercise recovery, metabolism, muscle strength, endurance, intelligence, speed, joint health, power performance, skin health, skin quality, ultraviolet sensitivity, skin elasticity, skin hydration, collagen degradation, caffeine metabolism, lactose intolerance, taste, alcohol tolerance, cilantro sensitivity, cholesterol, body mass, fats, fatty acid response, appetite, food reward, eating inhibition, obesity, weight, weight gain, vitamin and mineral deficiency, altitude susceptibility, perfect pitch, pain tolerance, cognitive skills and abilities, spatial reasoning, sleep, and nutrition, all the foregoing for scientific research and medical research purposes; providing medical and scientific research information in the fields of genetics, genomics, genes, health, wellness, health benefits of fitness, and physical and cognitive attributes related to genes,” in International Class 42.  See TMEP §§1402.01, 1402.01(e).

“Genetic testing for diagnostic, health and medical purposes; genetic testing for analyzing genes related to health, wellness, fitness, exercise recovery, metabolism, muscle strength, endurance, intelligence, speed, joint health, power performance, skin health, skin quality, ultraviolet sensitivity, skin elasticity, skin hydration, collagen degradation, caffeine metabolism, lactose intolerance, taste, alcohol tolerance, cilantro sensitivity, cholesterol, body mass, fats, fatty acid response, appetite, food reward, eating inhibition, obesity, weight, weight gain, vitamin and mineral deficiency, altitude susceptibility, perfect pitch, pain tolerance, cognitive skills and abilities, spatial reasoning, sleep, and nutrition, for medical purposes; DNA testing for analyzing genes related to health, wellness, fitness, exercise recovery, metabolism, muscle strength, endurance, intelligence, speed, joint health, power performance, skin health, skin quality, ultraviolet sensitivity, skin elasticity, skin hydration, collagen degradation, caffeine metabolism, lactose intolerance, taste, alcohol tolerance, cilantro sensitivity, cholesterol, body mass, fats, fatty acid response, appetite, food reward, eating inhibition, obesity, weight, weight gain, vitamin and mineral deficiency, altitude susceptibility, perfect pitch, pain tolerance, cognitive skills and abilities, spatial reasoning, sleep, and nutrition, for medical purposes; providing medical information in the fields of genetics, genomics, genes, health, wellness, health benefits of fitness, and physical and cognitive attributes related to genes,” in International Class 44.  See TMEP §§1402.01, 1402.01(e).

/Naakwama Ankrah/

Trademark Attorney Advisor

Law Office 109

571-272-9315

naakwama.ankrah@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on October 22, 2019 for

U.S. Trademark Application Serial No. 88293697

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

/Naakwama Ankrah/

Trademark Attorney Advisor

Law Office 109

571-272-9315

naakwama.ankrah@uspto.gov

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”