To: | IncludeHealth Inc. (hmaynard@ulmer.com) |
Subject: | U.S. Trademark Application Serial No. 88593377 - INCLUDECONNECT - 39877.0039 |
Sent: | November 26, 2019 11:39:03 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88593377
Mark: INCLUDECONNECT
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Correspondence Address: |
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Applicant: IncludeHealth Inc.
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Reference/Docket No. 39877.0039
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: November 26, 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).
Significance of the Wording
Identification
The wording “Computer hardware and software systems for connecting, managing, and enabling communication among IoT (Internet of Things) devices over a network; Computer software to secure interaction between and among users, computer networks, the internet, and connected devices; Computer application software, namely, software for communicating information in the field of health and exercise; Consumer focused health and fitness software application that gives real time personalized and actionable wellness recommendations; Consumer focused health and fitness downloadable software application that gives real time personalized and actionable wellness recommendations;” and “Software as a service (SAAS) services featuring software for communicating information in the field of health and exercise” in the identification is indefinite and must be clarified because it is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The specific type and function of the software must be indicated.
The identification for “systems” is indefinite and too broad and must be clarified because the wording does not make clear the nature of the specific systems and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §1401.05(d). For example, “lawn-care systems comprised of herbicides, pesticides, and lawn sprinklers” are in International Class 5, and “lawn-care systems comprised of lawn mowers and herbicides” are in International Class 7. Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
Applicant may substitute the following wording, if accurate:
Class 9 –
Computer hardware and downloadable software for connecting, managing, and enabling communication among Internet of Things (IoT) enable devices over a network; Downloadable computer software to enable secure communication between and among users, computer networks, the internet, and connected devices; Downloadable software program for use in monitoring, tracking, transmitting and receiving information from, or sending information to, electronic or computerized communication devices in the internet of things; Downloadable computer application software, namely, software for providing information in the field of health and exercise; Downloadable software, namely, consumer focused health and fitness software application that provides real-time personalized and actionable wellness recommendations;
Class 28 – Acceptable.
Class 42 –
Providing temporary use of non-downloadable cloud-based software for connecting, operating, and managing networked exercise machines in the internet of things (IoT); Software as a service (SAAS) services featuring software for providing information in the field of health and exercise; Software as a service (SaaS) services featuring software that allows users to monitor their physical exercise and workouts on an exercise machine and the results of that exercise, to receive instructions regarding the configuration of the exercise machines, and to receive, measure, process, transmit, upload to the Internet, display, store, and share information relating to exercise results, heart rate, body fat, body mass, calories burned, and health and fitness generally; Providing temporary use of a consumer focused health and fitness non-downloadable software application that gives real time personalized and actionable wellness recommendations
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.
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.
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE