To: | 4medica, Inc. (ch.tm@dlapiper.com) |
Subject: | U.S. Trademark Application Serial No. 88336736 - 4MEDICA BIG DATA IDENTITY - 425437-4 |
Sent: | December 13, 2019 10:50:00 AM |
Sent As: | ecom112@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88336736
Mark: 4MEDICA BIG DATA IDENTITY
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Correspondence Address:
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Applicant: 4medica, Inc.
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Reference/Docket No. 425437-4
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: December 13, 2019
This Office action is in response to applicant’s communication filed on 11/22/2019.
Applicant must provide a disclaimer of the wording BIG DATA because it is not inherently distinctive. Specifically, BIG DATA describes a feature, purpose, or use of applicant’s software for application and database integration and software for use as a healthcare patient information database. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence shows that “big data” refers to a massive volume of both structured and unstructured data that is so large it is difficult to process using traditional database and software techniques. See Attachments A-D. Thus, BIG DATA immediately and aptly describes a feature or use of applicant’s software; that is, for use in database integration of large volumes of data in the medical and healthcare fields.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BIG DATA” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
EXAMINER’S AMENDMENT SUGGESTED
Applicant is encouraged to call or email the assigned attorney below to authorize entry of the required disclaimer for expedited prosecution.
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.
Kimberly Boulware Perry
/Kimberly Boulware Perry/
Trademark Attorney, Law Office 112
571-272-9208 (direct)
kimberly.perry@uspto.gov
RESPONSE GUIDANCE