To: | West Affum Holdings Corp. (efiling@knobbe.com) |
Subject: | U.S. Trademark Application Serial No. 88837750 - ASSURE - WAFFH.072T |
Sent: | June 16, 2020 06:31:30 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88837750
Mark: ASSURE
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Correspondence Address: KNOBBE, MARTENS, OLSON & BEAR, LLP
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Applicant: West Affum Holdings Corp.
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Reference/Docket No. WAFFH.072T
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: June 16, 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.
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Identification of Services
The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise. TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954).
Here, the applicant must amend the identification of services to clearly state the nature of cardiac diagnosis and treatment goods offered by the applicant because as written, the wording “cardiac diagnosis and treatment” appears solely as a field. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Please see suggested wording that the applicant may adopt appearing below in bold lettering.
Applicant may substitute the following wording, if accurate:
Class 044: “Rental of durable medical goods in the nature of cardiac diagnosis and treatment devices and equipment”
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 to resolve the issues in this Office action. Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
How to respond. Click to file a response to this nonfinal Office action.
/Natalie M. Polzer/
Natalie M. Polzer
Trademark Examining Attorney
Law Office 108
(571) 272-4103
natalie.polzer@uspto.gov
RESPONSE GUIDANCE