To: | Switchback Health, LLC (Craig@Stainbrookllp.com) |
Subject: | U.S. Trademark Application Serial No. 88632863 - SWITCHBACK - 01700.T1 |
Sent: | January 06, 2020 04:36:50 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88632863
Mark: SWITCHBACK
|
|
Correspondence Address:
|
|
Applicant: Switchback Health, LLC
|
|
Reference/Docket No. 01700.T1
Correspondence Email Address: |
|
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: January 06, 2020
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 Results
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 requirement(s) set forth below.
Identification of Services is Indefinite – Applies to Specific Services ONLY
Note: The examining attorney sets forth below, the suggested changes to the identification of services in bold and italicized font.
Applicant may substitute the following wording, if accurate:
“Software as a service (SAAS) services featuring software for healthcare and fitness practitioners to instantly and securely send recorded office visit videos taken with clients/patients to provide a resource for demonstrations and a reference for complex instructions, including physical therapy home exercise programs, speech therapy techniques, long term care planning instructions, personal training programs, and specialized sport coaching regimes; Software as a service (SAAS) services featuring a software platform for use in HIPPA secure video sharing, including video sharing of progress tracking, HIPPA secure messaging, and daily reminders”; in International 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.
Telephone or Email Response Suggested
Failure to Respond – Abandonment of Specific Services in Class 42 ONLY (Advisory)
“SAAS services providing a platform for HIPPA secure video sharing, including progress tracking, HIPPA secure messaging, and daily reminders”.
The application will then proceed with the following services in International Class 42 only:
“Software as a service (SAAS) services featuring software for healthcare and fitness practitioners to instantly and securely send recorded office visit videos taken with clients/patients to provide a resource for demonstrations and a reference for complex instructions, including physical therapy home exercise programs, speech therapy techniques, long term care planning instructions, personal training programs, and specialized sport coaching regimes”. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
/Brian P. Callaghan/
Trademark Examining Attorney
Law Office 108
Phone: (571) 272-4906
Email: brian.callaghan@uspto.gov
RESPONSE GUIDANCE