Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

EXAMINER’S AMENDMENT

Issue date:  September 18, 2019

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

Application has been amended as shown below.  As agreed to by Lucas Michels on September 18, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

The identification of goods is amended to read as follows: 

International Class 009, “Personal electronic devices used to track fitness goals and statistics; wearable portable fitness and health activity trackers; portable, handheld, and personal digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files concerning personal health and fitness programs; wearable electronic devices, namely, watches, bracelets, and wrist bands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, date, heart rate, global positioning, direction, motion capture, distance, altitude, elevation, speed, pace, steps taken, calories burned, routes, navigational information, weather information, temperature, wind speed, changes in heart rate, and activity level; downloadable computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software for managing information regarding tracking, compliance and motivation with health and fitness programs; downloadable computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; pedometers; altimeters; downloadable computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software for managing information regarding tracking, compliance and motivation with health and fitness programs; downloadable software development kits (SDK) for health, fitness and wellness programs.”  See TMEP §§1402.01, 1402.01(e).

/Justin R. Moscati/

Justin R. Moscati

Attorney Examiner

Law Office 127

(571) 272-6305

justin.moscati@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on September 18, 2019 for

U.S. Trademark Application Serial No. 88491567

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

/Justin R. Moscati/

Justin R. Moscati

Attorney Examiner

Law Office 127

(571) 272-6305

justin.moscati@uspto.gov

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”