To: | Helix Mobile Wellness and Research LLC (miguelali@helixbayarea.com) |
Subject: | U.S. Trademark Application Serial No. 88467188 - TESTOSTERONE - N/A |
Sent: | September 09, 2019 08:49:15 AM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88467188
Mark: TESTOSTERONE
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Correspondence Address: HELIX MOBILE WELLNESS AND RESEARCH LLC |
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Applicant: Helix Mobile Wellness and Research LLC
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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: September 09, 2019
SEARCH FOR CONFLICTING 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).
REFUSAL UNDER SECTION 2(e)(1): APPLIED-FOR MARK IS MERELY DESCRIPTIVE
The applicant has applied to register “TESTOSTERONE” in standard character form for,
“Medical services specializing in evaluating patient hormone levels; medical services specializing in evaluating patient vitamin levels; medical services specializing in balancing patient hormone levels; medical services specializing in balancing patient vitamin levels; medical consultations involving hormone balance; medical consultations involving vitamin balance”,
in International Class 44.
“Testosterone” is defined in part as “a hormone that is a hydroxy steroid ketone C19H28O2 produced especially by the testes or made synthetically and that is responsible for inducing and maintaining male secondary sex characters” by the attached definition from http://www.merriam-webster.com/dictionary/testosterone .
As evidenced by the attached excerpt from the applicant’s website http://helixmwr.com/testosterone-therapy-trt-and-andropause/ the applicant’s medical services include “testosterone replacement therapy”.
Therefore, the mark “TESTOSTERONE”, as applied to the identified services, merely describes a characteristic of the services goods. Accordingly, the proposed mark is merely descriptive, and registration is refused on the Principal Register under Section 2(e)(1).
ASSISTANCE
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 response to this nonfinal Office action
/Julie M. Guttadauro/
Julie M. Guttadauro
Examining Attorney
Law Office 106
(571) 272-5875
julie.guttadauro@uspto.gov
RESPONSE GUIDANCE