To: | Click Diagnostics, Inc. (trademarks@fenwick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88371898 - VISBY - N/A |
Sent: | 6/22/2019 4:15:16 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. 88371898
MARK: VISBY
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Click Diagnostics, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/22/2019
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).
REQUIREMENT FOR ACCEPTABLE IDENTIFICATION OF GOODS
Some of the wording in the recitation of goods must be clarified because it is indefinite and/or overly broad. See TMEP §1402.01.
Where applicant’s goods are properly classified in other classes, applicant is required to either (1) specify the goods acceptably, add the appropriate international class(es) to the application, and classify the good therein, or (2) delete the good from the application. See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq.
INTERNATIONAL CLASS 10
The wording in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Here, medical diagnostic devices is indefinite and “infectious and non-infectious disease” or “other types of infections and conditions” does not properly clarify in sufficient detail the nature of the goods.
Applicant may substitute the following wording, if accurate:
Class 9: Medical diagnostic devices, namely, {specify the nature of the goods by common commercial name, e.g., “ultrasound diagnostic apparatus”, “x-ray diagnostic apparatus”, “diagnostic penlights for medical purposes”, etc.}; medical diagnostic devices for use in testing for infectious and non-infectious diseases and conditions in the nature of {specify condition or subject matter tested, e.g., “blood sugar levels”, “cancer cells”, “DNA”, etc.}; medical diagnostic devices for testing for bacterial infections, viral infections, sexually transmitted infections, and {specify infection, condition or subject matter tested, e.g., “blood sugar levels”, “cancer cells”, “DNA”, etc.}; medical diagnostic devices for testing for non-infectious diseases and conditions by testing of {specify condition or subject matter tested, e.g., “blood sugar levels”, “cancer cells”, “DNA”, etc.}
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
/Jeanie H. Lee/
Examining Attorney
Law Office 105
(571) 272-6110
jeanie.lee@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.