To: | Inmar, Inc. (tmadmin@kilpatricktownsend.com) |
Subject: | U.S. Trademark Application Serial No. 88510341 - LIFE IN CHECK - 1144153 |
Sent: | September 12, 2019 02:40:38 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. 88510341
Mark: LIFE IN CHECK
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Correspondence Address: KILPATRICK TOWNSEND & STOCKTON LLP |
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Applicant: Inmar, Inc.
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Reference/Docket No. 1144153
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 12, 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).
However, applicant must respond to the following requirement.
IDENTIFICATION OF SERVICES REQUIREMENT
Applicant has applied to register the mark LIFE IN CHECK for “Pharmaceutical disposal and take-back services; pharmaceutical and drug take-back services; providing online information in the field of prescription drug disposal and take-back services” in Class 37, “: Providing online, non-downloadable computer software for providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; Providing online, non-downloadable computer software for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; Providing online, non-downloadable computer software for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; Providing online, non-downloadable computer software for providing a consumer savings program to program participants with rebates and savings offers and the ability to verify and redeem rebates and savings offers; Providing online, non-downloadable computer software for connecting program participants through social media communities; Providing online, non-downloadable computer software for electronic benefit transfers” in Class 42, and “Providing a website featuring information regarding price quotations, price comparisons, coupons, rebate information, and disposal and take-back information for pharmaceuticals and over the counter medications” in Class 44.
International Class 37
The wording “Pharmaceutical disposal and take-back services” in the identification of services for International Class 37 must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass “Collection of pharmaceutical products for take-back” in Class 39 or “Destruction of pharmaceutical products” in Class 40.
Further, the wording “pharmaceutical and drug take-back services” in International Class 37 must be clarified because it is too broad and could include “collection of pharmaceutical products and drugs for take-back services” in Class 39 or “pharmaceutical and drug destruction services” in Class 40.
In addition, the wording “providing online information in the field of prescription drug disposal and take-back services” in Class 37 must be clarified because it is too broad and could encompass “providing online information in the field of collection of prescription drugs for take-back services” in Class 39 or “providing online information in the field of prescription drug destruction” in Class 40.
International Class 42
International Class 44
The wording “Providing a website featuring information regarding price quotations, price comparisons, coupons, rebate information, and disposal and take-back information for pharmaceuticals and over the counter medications” in the identification of services for International Class 44 must be clarified because it is too broad and could include services in other classes. In particular, this wording could encompass “Providing a website featuring information regarding price quotations, price comparisons, coupons, and rebate information for pharmaceuticals and over the counter medications” in Class 35, “Providing a website featuring information regarding collection of pharmaceuticals and over the counter medications for take-back” in Class 39, or “Providing a website featuring information regarding the destruction of pharmaceuticals and over the counter medications” in Class 40.
In summary, applicant may substitute the following Identification of Services, if accurate:
“Providing a website featuring information regarding price quotations, price comparisons, coupons, and rebate information for pharmaceuticals and over the counter medications” in Class 35
“Collection of pharmaceutical products for take-back; collection of pharmaceutical products and drugs for take-back services; providing online information in the field of collection of prescription drugs for take-back services; providing a website featuring information regarding collection of pharmaceuticals and over the counter medications for take-back” in Class 39
“Destruction of pharmaceutical products; pharmaceutical and drug destruction services; providing online information in the field of prescription drug destruction; providing a website featuring information regarding the destruction of pharmaceuticals and over the counter medications” in Class 40
“Providing online, non-downloadable computer software for providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; Providing online, non-downloadable computer software for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; Providing online, non-downloadable computer software for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; Providing online, non-downloadable computer software for providing a consumer savings program to program participants with rebates and savings offers and the ability to verify and redeem rebates and savings offers; Providing online, non-downloadable computer software for connecting program participants through social media communities; Providing online, non-downloadable computer software for electronic benefit transfers” in Class 42
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS ADVISORY
(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 services that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). 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 1(b) 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.
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
/Christopher J Nodes/
Christopher J Nodes
Examining Attorney
Law Office 116
(571) 272-5220
christopher.nodes@uspto.gov
RESPONSE GUIDANCE