NOTE TO THE FILE
SERIAL NUMBER: 88787493
DATE: 04/29/2020
NAME: lferrell
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantFrom: Mincheol.Kim <Mincheol.Kim@knobbe.com>
Sent: Wednesday, April 29, 2020 12:07 AM
To: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Cc: 2mck <2mck@knobbe.com>; UXN.008T.KMOB@IWCS.KMOB.COM
Subject: RE: USPTO Trademark Application: 88787493 ALWAYS - UXN.008T
Dear Examining Attorney Ferrell,
The applicant has approved your proposed amendments. Please go ahead and issue Examiner’s Amendment. Please feel free to call me if you have any questions.
Best,
Mincheol Kim
Partner
+1-949-721-5290 Direct
Knobbe Martens
2040 Main St., 14th Fl.
Irvine, CA 92614
From: Mincheol.Kim <Mincheol.Kim@knobbe.com>
Sent: Monday, April 27, 2020 9:51 AM
To: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Cc: 2mck <2mck@knobbe.com>
Subject: RE: USPTO Trademark Application: 88787493 ALWAYS
Dear Examining Attorney Ferrell,
Thanks for your email and proposed amendments. I will communicate with my client and get back to you before Wednesday 2 pm EST.
Best,
Mincheol Kim
Partner
+1-949-721-5290 Direct
Knobbe Martens
2040 Main St., 14th Fl.
Irvine, CA 92614
From: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Sent: Monday, April 27, 2020 8:37 AM
To: efiling <efiling@knobbe.com>; Mincheol.Kim <Mincheol.Kim@knobbe.com>
Subject: USPTO Trademark Application: 88787493 ALWAYS
Good Morning Mr. Kim,
I am reviewing the above referenced application for your client, UXN Co., Ltd. In review of this application there is one issue that can be corrected without the need for an office action.
First, we require an amended identification of the goods/services identified in International Classes 9, 10 and 42 because the wording “software”, “blood glucose monitors”, and “providing a website” is indefinite and must be clarified because the exact nature of the goods and services is not clear. Further, the goods of “Electronic apparatus for recording, transmission and presenting medical data, namely, electronic readers for blood glucose meters” appears to be properly classified in Class 10 as a medical device and not Class 9. Specifically, the suggested identification would read, with suggested changes in bold:
International Class 5: {no change}
International Class 9: Downloadable Software for medical purposes, namely, for viewing and transmitting medical data collected and stored on blood glucose meters to a counterpart device
International Class 10: Medical sensors that are implanted or inserted into the human body used to continuously monitor glucose concentration in a subject's body; Accessories for the medical sensors, namely, sensor insertion devices in the nature of a medical apparatus used for inserting medical sensors that continuously monitor glucose concentration in a subject's body; Accessories for the medical sensors, namely, wireless transmitters for use with the medical sensors for receiving and transmitting data from the sensors to a counterpart device; Blood glucose readers for medical diagnostic use; Blood glucose monitoring kit comprised of a blood glucose reader and at least one diagnostic test strip for medical diagnostic use; Blood glucose monitors for medical purposes; Electronic apparatus for recording, transmission and presenting medical data, namely, electronic readers for blood glucose meters
International Class 42: Providing a website featuring technologies that enable users to detect and monitor glucose levels
Please let me know if you would approve of my amending the identification as described.
Please respond no later than 2 PM EST on Wednesday, April 29, 2020.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.
Respectfully,
/Katherine Ferrell/
Examining Attorney, Law Office 126
United States Patent and Trademark Office
(571)270-3576
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