Offc Action Outgoing

Q-CARD

Essenlix Corporation

U.S. TRADEMARK APPLICATION NO. 88365991 - Q-CARD - ESX-T106

To:	Essenlix Corporation (esxip@essenlix.com)
Subject:	U.S. TRADEMARK APPLICATION NO. 88365991 - Q-CARD - ESX-T106
Sent:	6/13/2019 5:11:54 PM
Sent As:	ECOM105@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 88365991

MARK: Q-CARD

*88365991*

CORRESPONDENT ADDRESS:

JULIAN D. GONZALEZ

1 DEERPARK DRIVE, SUITE R

MONMOUTH JUNCTION, NJ 08852

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

VIEW YOUR APPLICATION FILE

APPLICANT: Essenlix Corporation

CORRESPONDENT’S REFERENCE/DOCKET NO:

ESX-T106

CORRESPONDENT E-MAIL ADDRESS:

esxip@essenlix.com

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE: 6/13/2019

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.

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SEARCH OF OFFICE’S DATABASE OF MARKS

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

Amended Identification of Goods and Services Required

Certain wording in the identification of goods and services is indefinite and must be clarified because applicant must indicate the nature of the goods and services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. In some instances, applicant must amend this wording to specify the common commercial or generic name of the goods and services. 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 and if the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id. Specific issues and suggestions are outlined in the chart below.

The wording “including” in the identification of goods and services is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods and services. See TMEP §1402.03(a). Specific issues and suggestions are outlined in the chart below.

The wording “Biological and chemical test kits for personal wellness” in the identification of goods for International Class 001 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass wording in International Classes 005 and 010, as shown in the chart below. Specific issues and suggestions are outlined in the chart below.

Specific issues and suggestions are outlined in the chart below:

International Class 001:

Original	Issue	Suggestion
Assays for research purposes	Acceptable
Biological and chemical reagents used for non-medical purposes, in vitro and in vivo scientific use, the testing of bodily fluids, and the detecting and analyzing of cells, proteins, small molecules, and nucleotides	Indefinite, applicant must indicate the nature of the goods	Biological and chemical reagents used for non-medical {indicate the nature, e.g., research} purposes, namely, in vitro and in vivo scientific use, the testing of bodily fluids, and the detecting and analyzing of cells, proteins, small molecules, and nucleotides
Biological and chemical test kits for laboratory or research use in the field of personal wellness	Misclassified and Overbroad because this entry could belong in multiple International Classes, applicant must indicate the nature of the goods – for example: International Class 005: Biological and chemical test kits for laboratory or research use in the field of personal wellness, namely, {indicate the nature of the goods, e.g., in-vitro ovulation prediction test kit for home use}; International Class 010: Biological and chemical test kits for laboratory or research use in the field of personal wellness, namely, {specify type of test kit, e.g., medical test kits for diabetes monitoring for home use}
Biological and chemical test kits for the detection and identification of nucleic acids, namely, DNA and RNA in a sample	Indefinite, applicant must indicate the nature of the goods	Biological and chemical test kits comprised of {specify primary components of kit, e.g., diagnostic reagents} for the detection and identification of nucleic acids, namely, DNA and RNA in a sample for {specify purpose, e.g., research use}

International Class 005:

Original	Issue	Suggestion
Medical diagnostic reagents and assays for testing of body fluids	Acceptable
Medical diagnostic reagents and assays for testing cells, proteins, small molecules, nucleotides, and nucleic acids	Acceptable
Medical diagnostic reagents	Acceptable
Diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection, namely, cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, and genetic diseases	Acceptable
Diagnostic biomarker reagents for medical purposes	Acceptable

International Class 010:

Original	Issue	Suggestion
Medical diagnostic apparatus for testing cells, tissue, biomolecules, proteins, small molecules, and nucleotides	Acceptable
Medical devices for obtaining bodily fluid samples	Acceptable
Medical diagnostic instruments for the analysis of bodily fluids	Acceptable
Medical apparatus for diagnostic use, including, medical apparatus for diagnostic testing of health conditions, diseases, or abnormalities, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and endocrine diseases, and other tissue-based diagnostic testing, cytology, and cell based testing	“including” is indefinite; Clarification	Medical apparatus for diagnostic use, namely, medical apparatus for diagnostic testing of health conditions, diseases, or abnormalities, namely, cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and endocrine diseases, and other tissue-based diagnostic testing, cytology, and cell based testing
Medical apparatus, devices, and instruments for wellness testing, health condition testing, and healthcare testing, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases	Acceptable
Medical apparatus, devices, and instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sample	Indefinite, applicant must indicate the nature of the goods	Medical apparatus, devices, and instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sample in the nature of {specify common commercial name for the goods, e.g., apparatus for DNA and RNA testing for medical purposes}

International Class 042:

Original	Issue	Suggestion
Detection and identification of cells, proteins, small molecules, and nucleotides in a sample for scientific, research, and technological purposes	Clarification	Scientific laboratory services, namely, detection and identification of cells, proteins, small molecules, and nucleotides in a sample for scientific, research, and technological purposes
Providing medical diagnostic assays and diagnostic and prognostic testing for medical research purposes of infectious and residual disease, and the analysis, evaluation, and reporting of those test results to help healthcare professionals for research purposes	Clarification	Medical laboratory services, namely, providing medical diagnostic assays and diagnostic and prognostic testing for medical research purposes of infectious and residual disease, and the analysis, evaluation, and reporting of those test results to help healthcare professionals for research purposes
Development of new technology in the fields of biotechnology, DNA, RNA, small molecules, proteins, and nucleotide analysis services for scientific research purposes	Clarification	Development of new technology for others in the fields of biotechnology, DNA, RNA, small molecules, proteins, and nucleotide analysis services for scientific research purposes
Providing medical and scientific research information in the field of clinical trials, assays and assay development, diagnostics, cancer, RNA, DNA, small molecules, proteins, and nucleotides	Acceptable
Research and development in the diagnostics and biotechnology fields	Indefinite, applicant must indicate the nature of the services	Research and development in the {indicate type of diagnostics, e.g., medical, computer} diagnostics and biotechnology fields
Custom design and development of chemical reagents and biochemical assays	Acceptable
Laboratory research in the field of oncology, hematology, and infectious diseases	Acceptable

International Class 044:

Original	Issue	Suggestion
Medical services	Acceptable
Medical assistance	Acceptable
Medical consultations	Acceptable
Medical counseling	Acceptable
Medical information	Acceptable
healthcare testing, diagnostic testing, and wellness services, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing	Indefinite, applicant must indicate the nature of the services	Medical services, medical assistance, medical consultations, medical counseling, medical information, healthcare testing in the nature of {specify common commercial name for the services, e.g., medical testing for treatment purposes}, {specify type of diagnostic testing, e.g., medical} diagnostic testing, and wellness services in the nature of {specify type of wellness services, e.g., providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their daily living to improve health} in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing
Medical services for the detection and identification of cells, proteins, small molecules, and nucleic acids in a sample	Indefinite, applicant must indicate the nature of the services	Medical services for the detection and identification of cells, proteins, small molecules, and nucleic acids in a sample in the nature of {specify common commercial name for the services, e.g., medical testing for diagnostic or treatment purposes}

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).

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.

Applicant must also address the following requirement.

Section 2.61(b) Request for Information – Response Required

To permit proper examination of the application, applicant must submit additional information. See 37 C.F.R. §2.61(b); TMEP §814.

Applicant must respond to the following questions to satisfy this request for information:

1. Does the wording “Q-CARD” or “Q CARD” have any significance in relation to applicant’s goods and/or services?

2. Does the wording “Q-CARD” or “Q CARD” have any significance in relation to applicant’s industry?

3. Who are applicant’s consumers?

See 37 C.F.R. §2.61(b); TMEP §814.

Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

Response to Office Action

Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.

/Alain Lapter/

Trademark Examining Attorney

Law Office 105

571-272-3162

alain.lapter@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

U.S. TRADEMARK APPLICATION NO. 88365991 - Q-CARD - ESX-T106

To:	Essenlix Corporation (esxip@essenlix.com)
Subject:	U.S. TRADEMARK APPLICATION NO. 88365991 - Q-CARD - ESX-T106
Sent:	6/13/2019 5:11:56 PM
Sent As:	ECOM105@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/13/2019 FOR U.S. APPLICATION SERIAL NO. 88365991

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period. Your response deadline will be calculated from 6/13/2019 (or sooner if specified in the Office action). A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period. For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

WARNING

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay “fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.