To: | StrandSmart, Inc. (vandyke@acm.org) |
Subject: | U.S. Trademark Application Serial No. 88355281 - STRANDSMART - Davies - 11 |
Sent: | December 17, 2019 02:10:55 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88355281
Mark: STRANDSMART
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Correspondence Address: |
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Applicant: StrandSmart, Inc.
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Reference/Docket No. Davies - 11
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: December 17, 2019
This Office action is in response to applicant’s communications filed on December 4, 2019.
SUMMARY OF ISSUES IN PRIOR ACTION:
· Requirement for Acceptable Identification and Classification of Goods
· Requirement to Comply With Multiple-Class Application Requirements
SUMMARY OF ISSUES MADE FINAL:
· Requirement for Acceptable Identification and Classification of Goods
37 C.F.R. §2.63(b)
SUMMARY OF REQUIREMENTS THAT HAVE BEEN SATISFIED:
FINAL REQUIREMENT FOR ACCEPTABLE IDENTIFICATION AND CLASSIFICATION OF GOODS
The amended identification of goods is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id. Additionally, some of the goods may be classified incorrectly; applicant must amend the application to properly classify all goods. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Specifically, the following wording is unacceptable and/or misclassified:
Class 5
Diagnostic testing devices, namely diagnostic kits for testing blood samples for cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer – This wording must be amended to indicate what the kits are comprised of, as well as indicating the specific use of the goods. Such goods must be properly classified. For example, “diagnostic kits comprised of medical diagnostic reagents and assays for testing of blood for use in detection of cancer” or “comprised of medical diagnostic test strips for testing of blood for use in detection of cancer” would be in class 5, while “diagnostic kits consisting primarily of apparatus for taking blood samples” or “blood sampling tubes” would be in class 10.
Class 10
Medical devices, namely diagnostic kits for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer – Again, this wording must be amended to indicate what the goods are comprised of and how they are used. Noting also that the wording must be properly classified as indicated above.
Applicant may adopt the following identification and classification, noting that the wording which should be deleted is in strikethrough, while newly-added wording is in bold, and appropriate wording should be provided by applicant where a “blank space” is indicated:
Class 5:
Diagnostic testing devices, namely diagnostic kits comprised of medical diagnostic reagents and assays for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Medical devices, namely diagnostic kits comprised of medical diagnostic test strips for testing of blood for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer
Class 10:
Medical devices, namely diagnostic kits consisting primarily of apparatus for taking blood samples for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic testing devices, namely diagnostic kits comprised of blood sampling tubes for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer
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.
This requirement is made FINAL.
RESPONDING TO A FINAL OFFICE ACTION
Please see the link below for responding to this final Office action, including filing an appeal to the Trademark Trial and Appeal Board (TTAB).
Additional response guidance information is provided below the signature line.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Susan K. Lawrence/
Trademark Examining Attorney
Law Office 116, USPTO
(571) 272-9186
sue.lawrence@uspto.gov
(informal communication only)
RESPONSE GUIDANCE