To: | Inteleos, Inc. (tm@sternekessler.com) |
Subject: | U.S. Trademark Application Serial No. 88665412 - PEP - 3012.1620000 |
Sent: | February 10, 2020 05:35:08 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88665412
Mark: PEP
|
|
Correspondence Address: STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C
|
|
Applicant: Inteleos, Inc.
|
|
Reference/Docket No. 3012.1620000
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: February 10, 2020
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).
SUMMARY OF ISSUES
· Identification of Services Requirement
· Amended Certification Statement Required
IDENTIFICATION OF SERVICES REQUIREMENT
The identification of services must describe the services of the party who will receive the certification rather than the activities of the certifying organization. TMEP §1306.02(c). General kinds of goods and services, such as “produce,” “beef,” “fabric,” “dry cleaning services,” or “dental services,” are usually acceptable. However, if the certification program itself is limited to specific services, then the identification in the application should be more specific. Id. The identification should generally not include the wording “certification,” “certify,” or “certifies.” Id.
The identification of services being certified is different from the certification statement that specifies what aspect of the services is being certified (e.g., that the work performed was done by a union, that the goods come from a particular geographic place, that the goods or services are of a specified quality). See TMEP §§1306.02(c), 1306.03(a).
Applicant may adopt the following amended identification, if accurate, changes are shown in bold:
IC B: Medical training in the field of ultrasounds, use of point of care ultrasound equipment, and interpretation of diagnostic medical ultrasound technology
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
AMENDED CERTIFICATION STATEMENT REQUIRED
Specifically, the statement should be amended to state that the medical training is specifically in the field of “ultrasounds”. In addition, the certification statement should state that the ultrasound equipment and technology is specifically “point of care” ultrasound equipment and technology.
The certification statement should specify all the characteristics or features of the services that the mark certifies or is intended to certify. TMEP §1306.03(a). A mark does not have to be limited to certifying a single characteristic or feature. Id. The characteristics or features that the mark certifies or is intended to certify should be explained in reasonable detail. Terms such as “quality,” “mode of manufacture,” or “excellence” should not be used without further explanation because they are too broad and do not accurately reveal what characteristics or features are being certified or intended to be certified. Id.
The following format is suggested, if accurate, changes are shown in bold:
The certification mark, as intended to be used by persons authorized by the certifier, is intended to certify the certificants have met the educational, professional, and testing requirements established by the certifier for medical training in the field of ultrasounds, use of point of care ultrasound equipment, and interpretation of diagnostic point of care medical ultrasound technology.
To provide the certification statement in the TEAS response form: Answer “yes” to TEAS wizard question #3; under the “Additional Statement(s)” section, check the box next to “Miscellaneous Statement;” and enter the certification statement in the text box below.
TELEPHONE/E-MAIL RESOLUTION SUGGESTED
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.
/Jared M. Mason/
Trademark Examining Attorney
Law Office 119
(571) 272-4146
Jared.Mason@uspto.gov
RESPONSE GUIDANCE