To: | Genuv Inc. (kslefiletm@hdp.com) |
Subject: | U.S. Trademark Application Serial No. 88804881 - GENUV - 18568-200006 |
Sent: | May 09, 2020 01:11:03 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88804881
Mark: GENUV
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Correspondence Address:
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Applicant: Genuv Inc.
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Reference/Docket No. 18568-200006
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: May 09, 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 OF USPTO DATABASE OF MARKS
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.
The in the identification of services for International Class 44 must be clarified because it is indefinite and/or too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Specifically, the wording “Information services relating to medical products” is overly broad. Classification of information services is based on the subject matter of the information provided. TMEP §1402.11(b). The current wording is broad enough to encompass services in other classes, e.g. “Providing consumer product information relation to medical products” is in Class 35, “Providing information relating to the repair and maintenance of medical products, namely, medical apparatus” is in Class 37. Therefore, applicant must further describe the subject matter of the services, with proper classification.
Lastly, applicant must correct the punctuation in the identification to clarify the individual items in the list of services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a). An applicant should not use colons, periods, exclamation points, and question marks in an identification. Id. In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets. Id.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may adopt the wording below, if accurate. Specific instructions for the applicant are in bold italics text and suggested amendments are in bold text. Where bold text appears without any instructions, the applicant should note that the wording is indefinite and/or too broad and the suggested amendment in bold appears to accurately describe the services, or the bold text constitutes wording in parentheses has been incorporated into the identification of services. Please also note the replacement of commas with semi-colons. If any of the examining attorney’s suggestions are not accurate, applicant is still required to amend the unacceptable wording to identify definite and properly classified services.
Class 44: Information services relating to medical products, namely, providing information {specify a Class 44 subject matter, e.g. relating to diagnostic, prophylactic and therapeutic properties of pharmaceuticals, relating to medical diagnostic and treatment uses of medical apparatus and instruments}; medical analysis services for cancer diagnosis and prognosis; medical analysis services for diagnostic and treatment purposes provided by medical laboratories; providing health information, other than dentistry
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.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in more than 1 class; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Jean H. Im/
Trademark Examining Attorney
Law Office 101
U.S. Patent and Trademark Office
571-272-9303
jean.im@uspto.gov
RESPONSE GUIDANCE