To: | Becton, Dickinson and Company (dawn.harley@bd.com) |
Subject: | U.S. Trademark Application Serial No. 88732196 - BD ELIENCE - TMK202067BDU |
Sent: | February 27, 2020 06:59:16 AM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88732196
Mark: BD ELIENCE
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Correspondence Address: DAWN K. HARLEY, ASSOC. DIRECTOR, TRADEMA
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Applicant: Becton, Dickinson and Company
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Reference/Docket No. TMK202067BDU
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 27, 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
Identification Unacceptable In Part-Indefinite Wording
The identification for software in International Class 10 is indefinite and too broad and must be clarified to specify whether the format is downloadable, recorded, or online non-downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a). Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class 42. See TMEP §1402.03(d).
Applicant may adopt the following wording, if accurate: computer hardware and downloadable software for use in conventional and thin layer pap smear image diagnostics; computer hardware and downloadable software for diagnostic imaging using automated cell location; computer hardware and downloadable software for use in data and image processing in the field of computer-aided medical microscopy.”
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
Ferraiuolo, Dominic
/DominicJFerraiuolo/
Examining Attorney, U.S.P.T.O.
Law Office 102
tel: 571-272-9156
fax: 571-273-9102
dominic.ferraiuolo@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE