NOTE TO THE FILE
Sent to TICRS as Serial Number: 88524438SERIAL NUMBER: 88573432
DATE: 10/07/2019
NAME: lfox
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER: EMAIL
RE: 88524438 - ALINIQ ALWAYS ON, and 88573432 - ALINIQ ACTIVE SENSE
Dear Lyal,
Thank you for your email below regarding the above-mentioned ALINIQ ALWAYS ON and ALINIQ ACTIVE SENSE applications. nos. 88524438 and 88573432. Abbott agrees to the changes you outlined below. Please enter an Examiner’s Amendment accordingly.
Elisa will respond on the PEDIASURE PROGROWTH application below in a separate email.
Best regards,
Michele
Michele H. Bowman
Sr. Counsel, Trademarks
Patent & Trademark Department
Abbott
100 Abbott Park Road
Abbott Park, IL 60064
O:
224.668.1246
M:
847.393.6363
This communication may contain information that is attorney-client privileged, attorney work product, proprietary, confidential, or exempt from disclosure. If you are not the intended recipient, please note that any other dissemination, distribution, use or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from his or her computer.
From: Fox, Lyal <Lyal.Fox@USPTO.GOV>
Sent: Thursday, October 03, 2019 1:09 PM
To: TRADEMARKS <Trademarks@abbott.com>
Subject: U.S. Trademark Application Nos. 88605251, PEDIASURE PROGROWTH, 88524438, ALINIQ ALWAYS ON, and 88573432, ALINIQ ACTIVE SENSE
Hello Elisa Valenzona,
I am the attorney assigned to U.S. Trademark Application Nos. 88524438, ALINIQ ALWAYS ON, and 88573432, ALINIQ ACTIVE SENSE. I have reviewed the applications and there are minor issues preventing their approval.
88524438 - ALINIQ ALWAYS ON, and 88573432 - ALINIQ ACTIVE SENSE
The identification of goods contains indefinite wording that must be clarified. The following identification is recommended (edits in bold):
009: Downloadable and recorded computer software for configuring medical diagnostic instruments; Downloadable and recorded computer software for configuring laboratory instruments; Downloadable and recorded electronic data interfacing software for managing interface between medical diagnostic instruments; Downloadable and recorded electronic data interfacing software for managing interface between hematology analyzers, clinical chemistry analyzers, immunoassay analyzers, blood screening instruments, and blood, bodily fluid and tissue testing systems; Downloadable and recorded computer software for managing interface between medical diagnostic instruments; Downloadable and recorded computer software for managing interface between laboratory instruments; Downloadable and recorded computer software for troubleshooting regarding medical diagnostic instruments; Downloadable and recorded computer software for troubleshooting regarding laboratory instruments; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of hematology analyzers; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of clinical chemistry analyzers; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of immunoassay analyzers; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of blood screening instruments; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of blood, bodily fluid and tissue testing systems; Downloadable and recorded computer software for monitoring operational performance, analyzing operational performance, and reporting regarding operational performance and maintenance of molecular diagnostic instruments; Downloadable and recorded computer software for monitoring, analyzing, and reporting regarding the nature and quality of performance of medical diagnostic tests and assays; Downloadable and recorded computer software for monitoring, analyzing, and reporting regarding reagent performance; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software for medical diagnostic instruments and laboratory instruments provided via computer and communication networks
Please respond to this email ASAP advising if the above changes are acceptable. If so, I will amend the applications via Examiner’s Amendment and prepare the marks for publication.
If you would like to call and discuss the application my direct line is listed below.
Please be aware that I will need to refuse the application if I have not received your response by Monday, October 7, 2019, at 5 p.m. EST.
Regards,
Lyal Fox III
Trademark Examining Attorney
Law Office 113
571-270-7884