To: | On-Site Professional Management LLC dba ETC. (trademark@FaegreBD.com) |
Subject: | U.S. Trademark Application Serial No. 88527874 - LIVIO - 457174.23 |
Sent: | October 23, 2019 07:44:13 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88527874
Mark: LIVIO
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Correspondence Address: |
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Applicant: On-Site Professional Management LLC dba ETC.
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Reference/Docket No. 457174.23
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 23, 2019
Introduction
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 of services – Amendment Required
Applicant has applied for the following identification of services:
Class 44: Health care services, namely, palliative health, social support, pain management, medication management, emotional consulting, and advanced care planning services; health care services provided by mobile care teams; health care services provided at pop-up clinics offering routine and ongoing primary health care services; health care services, namely, primary care services delivered in home to patients
The identification of services is indefinite and must be clarified according to the explanations and suggestions below. See TMEP §§ 1402.01.
The wordings “social support” and “emotional consulting” in the identification of services for International Class 44 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, the wordings “social support” could identify services in International Classes 44 and 45, and “emotional counseling” services are in International Class 45 services. See below for suggestions.
The wordings “advanced care planning services” in the identification of services is indefinite and must be clarified because applicant must specify what type of “advanced care planning services” are provided. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. See below for suggestions.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may adopt the following as its identification of services, if accurate, providing additional specificity where indicated:
Class 44: Health care services, namely, palliative health {applicant must specify, e.g., care management services, otherwise delete}; social support services, namely, {applicant must specify, e.g., providing information in the field of health and disease prevention}; pain management, medication management; advanced care planning services, namely, {applicant must specify type of advanced care planning services, e.g., disease management programs, otherwise delete}; health care services provided by mobile care teams; health care services provided at pop-up clinics offering routine and ongoing primary health care services; health care services, namely, primary care services delivered in home to patients
Class 45: Providing social support services in the field of {applicant must specify field, e.g., health and disease prevention}; Providing emotional counseling and emotional support services for {applicant must indicate demographic group, e.g., at-risk youth, crime victims, otherwise delete}
See TMEP §§1402.01, 1402.03.
An applicant may only amend an identification to clarify or limit the services, but not to add to or broaden the scope of the services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. If applicant adds a class to the current application, applicant must comply with the multi-class application requirements below.
For assistance with identifying and classifying services, please see the USPTO’s 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 2 classes; however, applicant submitted a fee(s) 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.
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
/Olivia S. Lee/
Olivia S. Lee
Trademark Examining Attorney
Law Office 128
olivia.lee@uspto.gov
(571) 272-6848
RESPONSE GUIDANCE