To: | VISBY MEDICAL, INC. (trademarks@fenwick.com) |
Subject: | U.S. Trademark Application Serial No. 88371898 - VISBY - N/A |
Sent: | December 05, 2019 10:04:55 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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Correspondence Address: |
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Applicant: VISBY MEDICAL, INC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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 05, 2019
This Office action is in response to applicant’s communication filed on November 13, 2019.
In a previous Office action(s) dated June 22, 2019, the applicant was required to satisfy the Requirement for Acceptable Identification of Goods.
Upon review of the response, the trademark examining attorney maintains and now makes FINAL the refusal(s) and/or requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
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.
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.
Here, applicant must use common commercial terms to indicate the type of diagnostic device, e.g., dynamometers, ultrasound, cytometers, etc., and/or the particular condition or subject matter tested, e.g., blood sugar levels, cancer cells, DNA, etc. However, “medical diagnostic apparatus for the detection of cancer” is acceptable.
Applicant may substitute the following wording, if accurate:
Class 10: Medical diagnostic devices in the nature of {indicate the nature of the device by common commercial terms} for use in diagnosing {indicate the particular infectious diseases, cancers, and neurological diseases and conditions}; medical diagnostic devices in the nature of {indicate the nature of the device by common commercial terms} for use in testing for {indicate the particular infectious diseases}, as well as {indicate the particular non-infectious diseases and conditions in the nature of cancers and neurological diseases and conditions}; medical diagnostic devices in the nature of {indicate the nature of the device by common commercial terms, e.g., biosensors} for testing for bacterial infections, viral infections, sexually transmitted infections, and infectious diseases; medical diagnostic devices in the nature of {indicate the nature of the device by common commercial terms} for testing for {indicate the particular non-infectious diseases and conditions, namely, cancers and neurological diseases and conditions}
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
RESPONSE GUIDANCE