NOTE TO THE FILE
SERIAL NUMBER: 88404828
DATE: 07/16/2019
NAME: ekon
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
From: Tracy Durkin [mailto:TDURKIN@sternekessler.com]
Sent: Tuesday, July 16, 2019 10:25 AM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Cc: Julie Shirk <JSHIRK@sternekessler.com>
Subject: RE: Re Five Trademark Applications from NEVRO CORP. (3317.1260000, 3317.1270000, 3607.1310000, 3317.1320000)
Good morning Examining Attorney Garber:
Thank you for the follow up email.
In the applications for the MORE (88404828), MORE design (88413239), and THE FREEDOM TO DO MORE (88404843) marks, I authorize you to amend the identification of services in Class 44 as follows:
Class 44: Providing information in the field of spinal cord stimulation and electrical stimulation for pain management to physicians, healthcare professionals, and patients; providing health, medical, and medical treatment information in the field of medical devices, namely, spinal cord stimulators for pain management; providing health, medical, and medical treatment information in the field of medical devices, namely, electrical stimulation devices for pain management; providing online health, medical, and medical treatment-related information on the topic of spinal cord stimulation and electrical stimulation for pain management; providing online health, medical, and medical treatment-related information on the topic of spinal cord stimulators and electrical stimulation devices for pain management.
Please amend the applications per the above, and issue an Examiner’s Amendment in each application.
Thank you, and let us know if you have any questions.
Tracy Durkin
Tracy-Gene G. Durkin
Director
Sterne, Kessler, Goldstein & Fox P.L.L.C.
Email: tdurkin@sternekessler.com
Direct: 202.772.8660 Mobile: 571-309-0133
Administrative Assistant: Barbera T. Dooley
Direct: 202.772.8885 Main: 202.371.2600
From: Kon, Elissa Garber [mailto:ElissaGarber.Kon@USPTO.GOV]
Sent: Tuesday, July 16, 2019 6:59 AM
To: Tracy Durkin
Cc: Julie Shirk
Subject: Re Five Trademark Applications from NEVRO CORP. (3317.1260000, 3317.1270000, 3607.1310000, 3317.1320000)
Good morning, I’m checking to see whether you have made a decision on the proposed wording below. Thank you!
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
From: Kon, Elissa Garber
Sent: Friday, July 12, 2019 1:08 PM
To: Tracy Durkin <TDURKIN@sternekessler.com>
Cc: Julie Shirk <JSHIRK@sternekessler.com>
Subject: RE: Re Five Trademark Applications from NEVRO CORP. (3317.1260000, 3317.1270000, 3607.1310000, 3317.1320000)
Dear Tracy and Julie
Thank you for your email. For Class 44 in the three MORE applications (MORE (88404828), MORE design (88413239), and THE FREEDOM TO DO MORE (88404843)), the applicant must specify the type of information about the devices for classification purposes, as discussed. I propose any or all of the following, if accurate:
Class 44: . Providing information in the field of spinal cord stimulation and electrical stimulation for pain management to physicians, healthcare professionals, and patients; providing health, medical and medical treatment information in the field of medical devices, namely, spinal cord stimulators for pain management; providing health. medical and medical treatment information in the field of medical devices, namely, electrical stimulation devices for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulation and electrical stimulation for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulators and electrical stimulation devices for pain management
The Class 10 amendment for those applications is acceptable.
The amended to Class 10 for SURPASS-C is acceptable.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
From: Tracy Durkin [mailto:TDURKIN@sternekessler.com]
Sent: Friday, July 12, 2019 12:15 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Cc: Julie Shirk <JSHIRK@sternekessler.com>
Subject: Fwd: Re Five Trademark Applications from NEVRO CORP. (3317.1260000, 3317.1270000, 3607.1310000, 3317.1320000)
Dear Examining Attorney Garber:
Thank you for reaching out to me by email on these five applications.
In the applications for the MORE (88404828), MORE design (88413239), and THE FREEDOM TO DO MORE (88404843) marks, I authorize you to amend the identification of goods and services to the following:
Class 10: Medical and surgical instruments and apparatus, namely, devices for use in tissue and neural tissue for modulating neurological signals and components specially adapted for use therewith; medical device, namely, an implantable electrical stimulation device for pain control.
Class 44: Providing information in the field of spinal cord stimulation and electrical stimulation for pain management to physicians, healthcare professionals, and patients; providing information in the field of medical devices, namely, spinal cord stimulators for pain management; providing information in the field of medical devices, namely, electrical stimulation devices for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulation and electrical stimulation for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulators and electrical stimulation devices for pain management.
In the application for the SURPASS-C (88459189) mark, I authorize you to amend the identification of goods to the following:
Class 10: Medical device, namely, an implantable electrical stimulation device for pain control; medical electrodes, electrode arrays, and other parts and accessories specially adapted for use with an electrical stimulation device for pain control; medical device for use in tissue and neural tissue for modulating neurological signals, and parts and accessories specially adapted for use therewith, including medical electrodes; electrical neuromodulation therapy device for pain control, and parts and accessories specially adapted for use therewith, including medical electrodes; medical electrodes, electrode arrays, leads, surgical leads, paddles, and paddle leads for medical devices, namely, implantable electrical stimulation devices.
We are still discussing the identification for the NEVROCLOUD (88404824) mark with the Applicant, and will get back to you soon.
Sincerely,
Tracy Durkin
Tracy-Gene G. Durkin
Sterne Kessler Goldstein & Fox
From: Kon, Elissa Garber [mailto:ElissaGarber.Kon@USPTO.GOV]
Sent: Tuesday, July 09, 2019 10:15 AM
To: Trademark Mail; Tracy Durkin; Julie Shirk; Andrew Martins
Subject: Re Five Trademark Applications from NEVRO CORP.
Re the following trademark applications:
88413239 MORE design
88404828 MORE
88404843 FREEDOM TO DO MORE
88404824 NEVROCLOUD
88459189 SURPASS-C
Dear Ms. Durkin
I am the trademark examining attorney to whom these applications have been assigned. There are minor issues that we can resolve by examiner's amendment, based on your reply to this email or a phone call. I have listed the issues for each application below, and grouped them together where relevant. My proposed changes and additions are in bold, and the items the applicant must clarify are in italics.
1. 88413239 MORE design
88404828 MORE
88404843 FREEDOM TO DO MORE
For these three applications, I propose the minor amendments:
Class 10: Medical and surgical instruments and apparatus and structural components therefor, namely, devices for use in tissue and neural tissue for modulating neurological signals; medical device, namely, an implantable electrical stimulation device for pain control (note that if the “components” are not structural, then you must name them and classify them accordingly)
Class 44: providing medical and medical treatment-related information to physicians, healthcare professionals, and patients in the field of spinal cord stimulation and electrical stimulation for pain management; providing medical and medical treatment-related information on medical devices, namely, spinal cord stimulators for pain management; providing medical and medical treatment-related information on medical devices, namely, electrical stimulation devices for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulation and electrical stimulation for pain management; providing online medical and medical treatment-related information on the topic of spinal cord stimulators and electrical stimulation devices for pain management (different types of information would be in different classes, e.g., providing design and technological information would be in Class 42)
2. 88404824 NEVROCLOUD
For this application, please clarify whether the software and software platforms are downloadable or recorded (which would be in Class 9), or online and nondownloadable (which would be in Class 42). I propose any or all of the following, if accurate:
Class 9: downloadable software, namely, a cloud-based patient management and support platform featuring computer software for receiving, storing, tracking, managing, and analyzing patient medical information; downloadable and recorded medical software for receiving, storing, tracking, managing, and analyzing patient medical information
Class 42: providing temporary use of online, nondownloadable software, namely, a cloud-based patient management and support platform featuring computer software for receiving, storing, tracking, managing, and analyzing patient medical information; providing temporary use of online, nondownloadable medical software for receiving, storing, tracking, managing, and analyzing patient medical information
3. 88459189 SURPASS-C
Class 10: medical device, namely, an implantable electrical stimulation device for pain control; medical electrodes, electrode arrays, and other structural parts
and accessories(delete “and accessories” or name each “accessory” and classify it correctly) for an electrical stimulation device for pain control; medical device for use in tissue and neural tissue for modulating neurological signals, and structural partsand accessories(delete “and accessories” or name each “accessory” and classify it correctly) therefor including medical electrodes; electrical neuromodulation therapy device for pain control, and structural partsand accessories(delete “and accessories” or name each “accessory” and classify it correctly) therefor including medical electrodes; medical electrodes, electrode arrays, leads, surgical leads, paddles, and paddle leads for medical devices, namely, implantable electrical stimulation devices
I would be happy to enter any agreed-upon amendments for you, and move the applications forward. Please tell me how you want to proceed or if you have questions.
If you prefer that I issue priority Office actions, rather than resolving this by examiner's amendment, then please let me know. Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.