To: | Fusion 5 Inc. (cthompson@fredlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88390954 - FUSION5 ECOMMERCIAL - N/A |
Sent: | January 14, 2020 05:32:20 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88390954
Mark: FUSION5 ECOMMERCIAL
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Correspondence Address:
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Applicant: Fusion 5 Inc.
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Reference/Docket No. N/A
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: January 14, 2020
This Office action is in response to applicant’s communication filed on December 24, 2019.
In a previous Office action(s) dated June 29, 2019, applicant was required to satisfy the following requirement(s): amend the identification of goods and/or services, satisfy the multiple-class application requirements, and provide information about the applicant’s goods and services.
Based on applicant’s 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:
IDENTIFICATION OF GOODS AND SERVICES
IDENTIFICATION OF GOODS/SERVICES
Applicant may substitute the following wording, if accurate (with changes bolded for clarity):
International Class 9: Downloadable software for care management solutions, data analytics, operational reporting, bundled payments programs, and management and administration of value-base healthcare
International Class 35: Business consulting services in the field of improving and optimizing patient-centered care coordination and valuebased care; Healthcare management service organization (MSO) services, namely, providing administrative support services to individual physicians or small group practices; healthcare management and coordination of services, namely, creating, providing, managing and maintaining the business administration of health care provider networks; analyzing and compiling business data
International Class 36: Financial and administrative services in the field of health care, namely, financial consultation, financial analysis, financial trust administration; insurance administration for medical service provider networks; financial data analysis
International Class 41: Educational services, namely, providing educational information for providers and patients in the field of value-based care; educational services, namely, providing educational videos and training material in the field of value-based care
International Class 42: Value-based care computer model design in the nature of simulating value-based care scenarios for the purpose of care management solutions, data analytics, operational reporting, bundled payments programs, and management and administration of value-base healthcare; providing online non- downloadable computer software for automating financial and administrative healthcare processes and conducting health related transactions via computer and communication networks; clinical research in the field of value-based healthcare; providing temporary use of non-downloadable computer software for data analytics, operational reporting, bundled payments programs, and management and administration of value-base healthcare;
International Class 44: Patient health care support services in the nature of health care decision support counseling and health care planning; healthcare provider network services for the provision of healthcare services
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods and/or services that are classified in at least six classes; however, applicant submitted a fee(s) sufficient for only one class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a); TMEP §820.03. See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee by regular TEAS.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least six classes; however, applicant submitted a fee sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
REQUEST FOR INFORMATION
Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements regarding the services will not satisfy this requirement for information.
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 and 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 GUIDELINES
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.
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).
/Taylor Singer/
Taylor Singer
Examining Attorney
Law Office 126
571-270-3964
taylor.singer1@uspto.gov
RESPONSE GUIDANCE