To: | K-Motion Interactive, Inc. (derek.auito@dentons.com) |
Subject: | U.S. Trademark Application Serial No. 88423145 - K-GO - 40166.00027 |
Sent: | August 05, 2019 11:58:51 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88423145
Mark: K-GO
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Correspondence Address:
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Applicant: K-Motion Interactive, Inc.
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Reference/Docket No. 40166.00027
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: August 05, 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).
AMENDED IDENTIFICATION OF GOODS AND SERVICES REQUIREMENT
Applicant must clarify wording in the identification of goods and services in International Classes 9 and 42 because it is indefinite and too broad in parts and identifies goods in multiple international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods and services are, what their purpose or function might be, or the field of use. More specifically:
In addition, it is suggested that applicant clarify that the “computer software for individuals and/or coaches is for use by individuals and coaches.
In addition, the term “wireless sensors” performing the functions identified also is indefinite and overbroad. Applicant must clarify that the sensors are not for medical purposes. While sensors for performing the functions identified by applicant that are not for medical purposes are classified in International Class 9, sensors for medical purposes, such as sensors performing biofeedback or for patient monitoring, are classified in in International Class 10. A suggestion is made below separately identifying the sensors as not for medical purposes.
In addition, it is suggested that applicant clarify that first application enables individuals and coaches to perform the functions identified.
In several instances, applicant identifies two software entries in the same entry (e.g., “computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training”). Applicant must correct these entries to identify each form of software separately. Applicant must correct the punctuation in the identification to clarify the individual items in the list of goods and services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a). An applicant should not use colons, periods, exclamation points, and question marks in an identification. Id. In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets. Id. In this case, applicant has inserted the term “and” between lists instead of the preferred semi-colon.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may adopt the following identification, if accurate, suggested changes in bold:
Downloadable computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; downloadable computer software for the purpose of providing information for athletic and sports training; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data related to the individuals; downloadable mobile application software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data based on data collected from body motion sensors, ball movement sensors, club mounted sensors, and force plate sensors; electronic sports training aid device, namely, computer hardware, and downloadable software for the purpose of analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics; electronic wireless sensors for analyzing, measuring, monitoring, tracking, and remotely transmitting data for player swing metrics, not for medical purposes
International Class 42:
Software as a service (SAAS) services, featuring computer software platforms for use by individuals and coaches to track, analyze, enhance and improve performance data; Software as a service (SAAS) services featuring computer software that provides information for athletic and sports training; software as a service services featuring computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; Software as a Service (SAAS) services featuring computer software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals, that can be viewed in the mobile application
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services may not later be reinserted. See TMEP §1402.07(e).
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
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted a fees sufficient for only 2 classes. 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.
ASSISTANCE
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 response to this nonfinal Office action
/Laraine Burrell/
Laraine Burrell
Examining Attorney
Law Office 111
(571)272-8220
Laraine.Burrell@uspto.gov
RESPONSE GUIDANCE