To: | Therasyn Sensors, Inc. (rnsudol@cssiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88398517 - IBUMP - F29-023 |
Sent: | March 13, 2020 03:16:20 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. 88398517
Mark: IBUMP
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Correspondence Address: COSUD INTELLECTUAL PROPERTY SOLUTIONS, P
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Applicant: Therasyn Sensors, Inc.
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Reference/Docket No. F29-023
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: March 13, 2020
PREVIOUS OFFICE ACTION / RESPONSE: This Office action is in response to applicant’s communication filed on January 30, 2019.
In a previous Office action dated July 2, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Section 2(d) Refusal – Likelihood of Confusion. Applicant was also required to satisfy the following requirement(s): (1) Information Required – Significance of the Mark, and (2) Amendment Required – Identification of Goods.
The trademark examining attorney notes that, based on applicant’s response, the following requirement has been satisfied: Information Required – Significance of the Mark. See TMEP §§713.02, 714.04.
The following refusal has been withdrawn: Section 2(d) Refusal – Likelihood of Confusion. See TMEP §§713.02, 714.04.
SUMMARY OF ISSUES MADE FINAL: The trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
I. AMENDMENT REQUIRED – IDENTIFICATION OF GOODS
Indefinite Wording in Identification
The identification of goods is indefinite and must be clarified because the nature and function of the goods is unclear. 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. If applicant’s goods are medical monitoring devices, applicant should also specifically identify what the devices measure, e.g. “blood glucose levels” or “fetal heart rate.”
Suggested Wording for Identification
Applicant may substitute the following wording, if accurate (note that added text is indicated with bold type, deleted text is indicated with a strike through, and suggested text is indicated with braces):
“Medical apparatus, namely, vaginally-insertable medical monitoring devices for {clarify function of the goods, e.g.
“measuring vaginal pH levels, measuring intra-abdominal pressure levels, measuring biometric data, monitoring fetal heart rate, and monitoring maternal heart rate”}; Medical
apparatus, namely, vaginally-insertable medical endoscopes in the nature of electrode-less capsules for monitoring fertility and pregnancy insertable vaginally for electronically and optically
monitoring physiological parameters related to fertility and stages or conditions of pregnancy” in International Class 10.
Advisories – ID Manual and Scope of Amendments
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 may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 may not later be reinserted. See TMEP §1402.07(e).
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Carl A. Konschak/
Carl A. Konschak, Esq.
Examining Attorney
Law Office 126
(571) 270-3878
carl.konschak@uspto.gov