To: | Cercacor Laboratories, Inc. (efiling@knobbe.com) |
Subject: | U.S. Trademark Application Serial No. 88491609 - CERCACOR - CERCAT.120T |
Sent: | July 30, 2019 02:32:23 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88491609
Mark: CERCACOR
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Correspondence Address: KNOBBE MARTENS OLSON & BEAR, LLP
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Applicant: Cercacor Laboratories, Inc.
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Reference/Docket No. CERCAT.120T
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: July 30, 2019
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.
SEARCH RESULTS
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).
DESCRIPTION OF THE MARK
The following description is suggested, if accurate:
The mark consists of a generally circular design consisting of triangular shapes of various lengths with the tips of the triangles meeting at a common point, to the left of the stylized wording “CERCACOR”.
IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services is unacceptable and must be clarified because some of the terms are indefinite and/or misclassified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The applicant must list the exact nature of each good and service and list the goods and services in the correct classes.
CLASS 9
The applicant must specify that the Class 9 goods are “not for medical use”
CLASS 10
The applicant must specify that the “Electronic biofeedback sensors” are “Medical products, namely” at the beginning of the identification before “Electronic biofeedback sensors” and specify that the “diagnostic” purposes are “medical”
The wording “Medical devices, including,” is indefinite. The wording “including,” must be amended to “namely,” and the physical condition monitored or sensed must be specified.
The wording “Maintenance and upgrading of computer software for medical devices and patient monitors” is misclassified and must be moved to Class 42.
CLASS 38
The Class 38 identification of services is acceptable.
CLASS 42
The Class 42 identification of services is acceptable.
SUGGESTED IDENTIFICATION OF GOODS AND SERVICES
Applicant may amend the identification to the following wording, if accurate:
IC 009: Electronic monitors for monitoring electrical signals and extracting data signals from those signals containing noise, not for medical use
IC 010: Medical products, namely, electronic biofeedback sensors for sensing physiological signals and blood properties used for extracting signals from data containing noise, for medical treatment or medical diagnostic purposes; Medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties and respiratory events
IC 038: Communication services, namely, transmitting data via the Internet; telecommunication services, namely, transmitting the medical data of others via the Internet
IC 042: Updating of computer software for others; Maintenance and upgrading of computer software for medical devices and patient monitors
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.
The USPTO’s rules and policies with respect to identifications of goods and/or services are updated periodically to reflect changes in the marketplace and technology as well as changes to the international classification system. See TMEP §1402.14. For guidance on drafting acceptable identifications of goods and/or services, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in four classes. Applicant submitted fees sufficient for four classes. Therefore, all filing fees have been 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.
How to respond. Click to file a response to this nonfinal Office action
/Ellen Awrich/
Trademark Examining Attorney
Law Office 116
571-272-9123
ellen.awrich@uspto.gov
RESPONSE GUIDANCE