To: | Mercer (US) Inc. (elayna.pham@mercer.com) |
Subject: | U.S. Trademark Application Serial No. 88527430 - MERCER ALL IN GOOD HEALTH - N/A |
Sent: | October 17, 2019 01:59:52 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88527430
Mark: MERCER ALL IN GOOD HEALTH
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Correspondence Address: |
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Applicant: Mercer (US) Inc.
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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: October 17, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
· Identification and Classification of Services
· Multiple Class Application Requirements
IDENTIFICATION AND CLASSIFICATION OF SERVICES
The identification of services is indefinite and too broad must be clarified because it is unclear what types of services are being offered and the services could fall into more than one International Class. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. For example, business/advertising related services would remain in class 35. However, if the services are more scientific and computer-related, they would fall under Class 42. If they are more insurance and financial related, they would fall under Class 36. If they are more medical, they would fall under Class 44.
In summary, applicant may substitute the following wording and classifications, if accurate (changes in bold):
International Class 35: health insurance exchanges on a digital platform in the nature of a marketplace that enables purchasers of health insurance to compare health and benefits information and health and benefits plan offerings and that offers purchasers of health insurance a variety of plans from different insurance providers
Class 36: Providing online information about health care plans and benefits via a digital platform
Class 42: Computer services, namely, providing a digital platform to allow users to compare health insurance plans and benefit options
Class 44: Providing health care information via a digital platform; providing a website featuring healthcare information
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
(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 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 sufficient for only 1 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 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.
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.
How to respond. Click to file a response to this nonfinal Office action
Sasha Rios
/Sasha Rios/
Trademark Examining Attorney
Law Office 125
P: (571)272-2616
Sasha.Rios@USPTO.GOV
RESPONSE GUIDANCE