To: | Adlens Ltd (pto-tm-email@rfem.com) |
Subject: | U.S. Trademark Application Serial No. 88752689 - DYNAMIC FOCAL INTEGRATION (DFI) - 4788-127 |
Sent: | April 08, 2020 11:56:13 AM |
Sent As: | ecom124@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. 88752689
Mark: DYNAMIC FOCAL INTEGRATION (DFI)
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Correspondence Address: |
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Applicant: Adlens Ltd
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Reference/Docket No. 4788-127
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: April 08, 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:
SEARCH RESULTS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must disclaim “DYNAMIC FOCAL INTEGRATION” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence from American Heritage Dictionary shows that “dynamic” means “characterized by continuous change,” “focal” means “of or relating to focus,” and “integration” refers to the act of joining together. Additionally, the attached evidence from applicant’s website shows that applicant develops lenses that change focus. Thus, the wording merely describes applicant’s goods and/or services because the goods applicant develops includes lenses that change focus.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “DYNAMIC FOCAL INTEGRATION” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services must be amended because some of the wording is indefinite and/or overly broad.
The wording “optical goods, apparatus and instruments” in the identification of goods is indefinite and must be clarified because the nature of the goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “optical glasses.”
The wording “corrective lenses” in the identification of goods is indefinite and must be clarified because the type of lenses is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “corrective contact lenses.”
The wording “virtual reality hardware” “augmented reality hardware” in the identification of goods and services is indefinite and must be clarified because the type of hardware provided is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “virtual reality computer hardware; augmented reality computer hardware.”
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant may adopt the following wording, if accurate: Downloadable virtual reality software for {indicate the function of the software, e.g., playing computer games, pilot training, medical teaching, etc.}; Downloadable augmented reality software for {indicate the function of the software, e.g., playing computer games, pilot training, medical teaching, etc.}.
To address the issues discussed above, applicant may adopt any or all of the following identification of goods, if accurate. Suggested changes are indicated in bold, strikethrough, and underlined fonts.
International Class 9: Optical goods,
apparatus and instruments glasses; eyewear; adjustable optical power eyewear; eyeglasses; adjustable optical power eyeglasses; eyeglass frames; eyeglass lenses;
corrective contact lenses; adjustable optical power lenses; eyeglasses having filtering lenses; eyeglass cases, containers and holders; eyeglass chains, cords and
retaining straps; sunglasses; tinted eyeglasses; sunglasses having adjustable optical power lenses; reading glasses; reading glasses with adjustable optical power lenses; virtual reality smart
glasses; augmented reality smart glasses; virtual reality headsets; augmented reality headsets; virtual reality computer hardware; augmented reality computer hardware; virtual reality software Downloadable virtual reality software for {indicate the function of the software,
e.g., playing computer games, pilot training, medical teaching, etc.}; augmented reality software Downloadable augmented reality software for
{indicate the function of the software, e.g., playing computer games, pilot training, medical teaching, etc.}; parts and fittings for all the aforesaid goods.
International Class 42: Design and development of virtual reality computer hardware; design and development of augmented reality computer hardware; design and development of virtual reality software; design and
development of augmented reality software; research, design and development services relating to adaptive focus lens technologies Research and
development of technology in the field of adaptive focus lenses; Design of optical components, namely, adaptive focus lenses; information, advisory and consultancy services relating to all
the aforesaid services.
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.
Responding to this Office action
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.
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How to respond. Click to file a response to this nonfinal Office action.
/April Reeves/
April E. Reeves
Examining Attorney
Law Office 124
(571) 272-3681
april.reeves@uspto.gov
RESPONSE GUIDANCE