Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  May 19, 2020

 

The above referenced file was withdrawn from publication because the Commissioner’s Office has determined the following.

 

Identification of Goods

 

International Class 9

 

The wording "computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows caregivers to remotely control the aforementioned baby movement apparatus;  computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that remotely collects, analyzes, and displays information concerning a baby, toddler, or young child that is resting in a baby bed, namely, movement, temperature, humidity, and noise inside the baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that remotely alerts a caregiver to changes in movement, temperature, humidity, and noise inside a baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to remotely control the playing of music, white noise, or other audio recordings inside a baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to manually record, analyze, and display information concerning the feeding, diaper changes, medical history, growth, and development of a baby, toddler, or young child; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to upload, post, show, display, share and transmit messages, comments, multimedia content, photos, pictures, images, text, information, and other content through email, text messaging, social networking websites, and any other medium of internet communication" is overbroad because it must specify whether the software is “downloadable" or "recorded.” Otherwise, the applicant must classified the goods in International Class 42 as a “software service.” 

 

The applicant may amend as follows: “downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows caregivers to remotely control the aforementioned baby movement apparatus;  downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that remotely collects, analyzes, and displays information concerning a baby, toddler, or young child that is resting in a baby bed, namely, movement, temperature, humidity, and noise inside the baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that remotely alerts a caregiver to changes in movement, temperature, humidity, and noise inside a baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to remotely control the playing of music, white noise, or other audio recordings inside a baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to manually record, analyze, and display information concerning the feeding, diaper changes, medical history, growth, and development of a baby, toddler, or young child; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to upload, post, show, display, share and transmit messages, comments, multimedia content, photos, pictures, images, text, information, and other content through email, text messaging, social networking websites, and any other medium of internet communication.”

 

In addition, the wording “component feature of a baby bed in the nature of an embedded scale which allows a caregiver wireless, remote access to monitor the weight of the occupant of the baby bed; component feature of a baby bed in the nature of embedded audio speakers which allows a caregiver wireless, remote access to monitor the noise and control the sound inside the baby bed; component feature of baby bed in the nature of electronic sensors for measuring the movement, temperature, humidity, and noise inside a baby bed” is misclassified incorrectly.  Components sold as part of a finished product are classified in the class of the finished product. TMEP §1402.05(a). Since "Baby beds" are classified in International Class 20, the goods must be reclassified accordingly.

 

As noted previously, the wording “component feature of a baby bed in the nature of embedded software which allows a caregiver wireless, remote access to monitor status and operation of, set operation preferences for, and control features and functions of the baby bed” must specify whether the software is "downloadable" or "recorded." Otherwise, the applicant must classified the goods in International Class 42 as a "software service."  In addition, if the software is sold as a feature of the finished baby bed, then the goods must be classified in International Class 20.

 

The wording “computer application software” in “baby monitoring systems comprised of all of the foregoing apparatuses, component features, and computer application software” must indicate the software format as indicated above.  Additionally, the applicant must indicate or delete the wording “component features” to properly classify the goods.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).  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.

 

 

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How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Stephanie Davis Ali/

Trademark Examining Attorney

Law Office 109

571-272-9272 (direct phone)

stephanie.ali@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 19, 2020 for

U.S. Trademark Application Serial No. 88740362

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Stephanie Davis Ali/

Trademark Examining Attorney

Law Office 109

571-272-9272 (direct phone)

stephanie.ali@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from May 19, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”