To: | Abbott Diabetes Care Inc. (trademarks@abbott.com) |
Subject: | U.S. Trademark Application Serial No. 88438010 - LIBRE - N/A |
Sent: | August 08, 2019 11:11:26 AM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88438010
Mark: LIBRE
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Correspondence Address:
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Applicant: Abbott Diabetes Care 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: August 08, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
SUMMARY OF ISSUES:
· Translation of Foreign Wording Required
· Attorney Bar Information & Attestation Required
· Identification of Services
TRANSLATION OF FOREIGN WORDING REQUIRED
ATTORNEY BAR INFORMATION & ATTESTATION REQUIRED
IDENTIFICATION OF SERVICES
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant may adopt the following wording, if accurate:
Class 42: Providing temporary use of online non-downloadable software for [applicant must specify function of the software, e.g., viewing reports] in the field of medical diagnostics; Providing temporary use of online non-downloadable software for health data management; Providing temporary use of online non-downloadable medical software for sharing, reporting, maintaining, managing, monitoring and analyzing analyte data; Providing temporary use of non-downloadable cloud-based software for sharing, reporting, maintaining, managing, monitoring, and analyzing analyte data; Providing temporary use of online non-downloadable medical software for disease management; Providing temporary use of online non-downloadable software for [applicant must specify function of the software, e.g., viewing reports and data] in the fields of nutrition, health, wellness, and diabetes management
See TMEP §§1402.03(d), 1402.11(a).
An applicant may only amend an identification to clarify or limit the goods and services, but not to add to or broaden the scope of the goods and services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
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
/Seth Willig Chadab/
Seth Willig Chadab
Trademark Examining Attorney
Law Office 104
(571) 270-1875
seth.chadab@uspto.gov
RESPONSE GUIDANCE