To: | BioIntelliSense, Inc. (IPDocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 88719861 - BIOSTICKER - 123236-0109 |
Sent: | October 23, 2020 12:15:52 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88719861
Mark: BIOSTICKER
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Correspondence Address: |
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Applicant: BioIntelliSense, Inc.
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Reference/Docket No. 123236-0109
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: October 23, 2020
This Office action is in response to applicant’s communication filed on September 17, 2020.
In a previous Office action(s) dated March 20, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(e)(1) based on the mark merely describing a feature of its goods.
Applicant’s arguments have been considered and found unpersuasive for the reason(s) set forth below; therefore, the trademark examining attorney maintains and now makes FINAL the merely descriptiveness refusal. See 37 C.F.R. §2.63(b); TMEP §714.04.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the term BIO is an acronym meaning “biology” or “biological.” See http://acronyms.thefreedictionary.com/BIO. Biology is defined as “the science of life or living matter in all its forms and phenomena, especially with reference to origin, growth, reproduction, structure, and behavior.” Biology may refer to the function of the medical device that monitors ones vital signs, heart rate, respiratory rate, body position, activity level, gait, temperature, quality of sleep, motion and symptomatic events in the nature of coughing, sneezing, vomiting, and fall detection. Additionally, the device is wearable and likely sticks to the skin or something attached to the skin. See attached articles referring to similar goods using similar language further supporting the proposition that the proposed mark merely describes a feature of applicant’s goods. The terms in the mark merely identify the fact that the device is in the form of a sticker and it monitors biology or biological matters related to the users.
Based on the aforementioned, the proposed mark merely describes a feature of the goods and the refusal is maintained and made FINAL.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Bridgett G. Smith/
Trademark Examining Attorney
USPTO Law Office 115
(571) 272-9482 (P)/(571) 273-9482(F)
bridgett.smith@uspto.gov
RESPONSE GUIDANCE