To: | Dynatronics Corporation (kmip@kmclaw.com) |
Subject: | U.S. Trademark Application Serial No. 88682310 - SOLARIS - 7536.136 |
Sent: | February 11, 2020 02:11:59 PM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88682310
Mark: SOLARIS
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Correspondence Address: 36 S. STATE STREET, SUITE 1900
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Applicant: Dynatronics Corporation
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Reference/Docket No. 7536.136
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: February 11, 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.
SUMMARY OF ISSUES:
· Prior-Filed Application
· Identification of Goods
SEARCH OF OFFICE’S DATABASE OF MARKS
PRIOR-FILED APPLICATIONS
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
The wording in International Classes 005, 016, 020, 027 and 028 is acceptable as written.
The identification of goods is indefinite and must be clarified because it could include goods in other international classes. See TMEP §1402.01. Notations concerning unacceptable wording are specified in the suggestion below.
For example, applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose and its intended uses. See id.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows
the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it
will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following wording, if accurate:
International Class 005: Analgesic preparations; Medical adhesive tape; Dietary and nutritional supplements
International Class 010: Physical rehabilitation, physical therapy and sports medicine equipment all designed specifically for medical use, namely, manually operated
exercise equipment for physical therapy purposes, shoulder stretchers using a cable, MANUALLY-OPERATED resistance bands and cables CABLE TUBING for
sports medicine PHYSICAL therapeutic purposes, body rehabilitation apparatuses for medical purposes, force and motion testing apparatuses for physical rehabilitation, vibrating
apparatuses used to stimulate muscles and increase strength and physical performance for health and medical purposes, whirlpools for therapeutic use, foam rollers for use in physical therapy, foam
positioning pads for medical and physical therapy use, hand and finger exercisers for therapeutic purposes, splints for medical purposes, support bandages, air pillows and cushions for medical
purposes, and orthopedic cushions and padding, all the foregoing capable of use in both home and clinical settings; MANUALLY-OPERATED exercise equipment for physical therapy and
sports medicine PHYSICAL THERAPY purposes; Chiropractic instruments; Medical devices for physical therapy and sports medicine purposes, namely, heart rate monitors, health
monitoring devices CONSISTING OF blood pressure monitors, thermometers, AND pedometers, and body fat monitors; Medical diagnostic and therapy devices,
namely, electro-therapy devices in the nature of static electric therapy apparatuses, MASSAGE instruments for soft tissue work, MEDICAL ultrasound APPARATUS devices for use in deep-heat tissue therapy, low frequency electric therapy apparatuses, and electronic light therapy apparatuses for the skin; Strength analysis devices
in the nature of dynamometers for diagnostic muscle strength testing {delete comma} AND force {delete comma}
and motion testing apparatuses for physical rehabilitation; Medical ultrasound apparatuses, spirometry devices IN THE NATURE OF SPIROMETERS, and laser devices in the nature of
lasers for medical use and laser therapy stimulators for pain management FOR MEDICAL USE; Laser biostimulation instruments for health care use in the nature of electronic light
therapy apparatuses for the skin, electrotherapy stimulation apparatuses comprising electrical nerve and muscle stimulators, MEDICAL electrodes, transmitting pads for use with
human and veterinary patients, NAMELY, _____{specify animal, e.g., horses, dogs}, ALL FOR providing electrotherapy via transcutaneous
electrical nerve stimulation, and FOR providing electronic stimulation to muscles for physical therapy purposes; Patient examination and/or treatment tables; CHEMICALLY ACTIVATED hot GEL packs and non-medicated compresses for medical use; Therapeutic, CHEMICALLY ACTIVATED hot and cold therapy packs
and compresses; Medical gowns; Back supports for medical purposes; Orthopedic support bandages, namely, wearable pads for the hands; Traction apparatuses for medical purposes; Walking aids for
medical purposes; Whirlpools for use in hospitals or for therapeutic use
International Class 016: Anatomical models for scientific, instructional, and educational purposes
International Class 020: Massage tables
International Class 027: Personal exercise mats; Yoga mats
International Class 028: Personal exercise mats; Yoga mats
On-line Acceptable Identification of Goods and Services Manual Information: 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.
RESPONSE GUIDELINES
Response guidelines. 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.
/Alison F. Pollack/
Alison F. Pollack
Trademark Examining Attorney
Law Office 106
571-272-4592
alison.pollack@uspto.gov
RESPONSE GUIDANCE