To: | MyAbilities Technologies Inc. (trademarks@varnumlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88505909 - MY - Ridout T14US |
Sent: | September 27, 2019 04:47:46 PM |
Sent As: | ecom126@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. 88505909
Mark: MY
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Correspondence Address: Varnum, Riddering, Schmidt & Howlett LLP 39500 High Pointe Blvd., Suite 350
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Applicant: MyAbilities Technologies Inc.
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Reference/Docket No. Ridout T14US
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 27, 2019
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: 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.
I. AMENDMENT REQUIRED – IDENTIFICATION OF SERVICES
Indefinite and Overbroad Wording in Identification
Applicant must clarify the wording “providing a website allowing users to download exercise programs consisting of music and instruction” in the identification of services in International Class 42 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it is unclear if applicant’s website allows users to download computer “programs”, or “exercise programs” in the nature of a recorded fitness videos. Further, this wording could identify goods and services in more than one international class. For example, downloadable computer programs are commonly classified in International Class 9, while “providing a website allowing users to download videos” in International Class 42.
Suggested Wording for Identification
Applicant may substitute the following wording, if accurate (note that added text is indicated with bold type, deleted text is indicated with a strike through, and suggested text is indicated with braces):
“Providing an online database in the field of diet and exercise, namely, a database of human diet and exercise performance data that may be accessed by a person engaged in a dietary and exercise regimen” in International Class 41.
“Subscription-based application service provider (ASP) services featuring computer software for estimating and displaying a graphical summary of weight gain and weight loss scenarios arising as a result of an
exercise and dietary regime; subscription-based application service provider (ASP) services featuring computer
software to be used with a personal digital assistant (PDA) for monitoring caloric expenditure and recording dietary
intake; subscription-based application service provider (ASP) services featuring computer software for analyzing and displaying projected
weight gain and weight loss scenarios arising as a result of the monitored caloric expenditure and recorded
dietary intake; subscription-based application service provider (ASP) services featuring computer software for the
display and monitoring of the projected weight gain and weight loss scenarios of one or more individuals participating in exercise, weight-loss and obesity, or wellness programs; subscription-based application service provider (ASP) services featuring computer software for analyzing the functional behaviors of the musculoskeletal and cardiovascular systems of a person engaged in an exercise program;
subscription-based application service provider (ASP) services featuring computer software to be used with a personal digital assistant (PDA) for
monitoring physical activity and displaying feedback which guides the user through the exercise program; application service provider
(ASP) services featuring software for authorizing a human performance computer database accessible by a person engaged in an exercise and dietary regime regimen to access a computer database of human diet and exercise performance
data via a website that is accessible by means of a local area network or the Internet;,and application service provider
(ASP) services featuring software for viewing a thegraphical summary and display of the projected weight gain
and weight loss scenarios of one or more individuals participating in exercise, weight loss and obesity or wellness programs; providing an
interactive website featuring technology that enables users to order selected dietary meals and enter, access, track and monitor health and fitness information and reports tailored to the users caloric intake; providing a website allowing users to download exercise programs videos consisting of music and instruction” in International Class 42.
Applicant will be required to add International Class 41 should it choose to adopt the above suggested wording. The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1) et seq., 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
Advisories – ID Manual and Scope of Amendments
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.
II. MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the 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 already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least three classes, however applicant submitted a fee sufficient for only one class. 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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Click HERE to file a response to this non-final Office action
/Carl A. Konschak/
Carl A. Konschak, Esq.
Examining Attorney
Law Office 126
(571) 270-3878
carl.konschak@uspto.gov