To: | CUSTOM BIOMETRIC WEARABLES, INC. (artoush@ohanianip.com) |
Subject: | U.S. Trademark Application Serial No. 88854631 - AWARE - AWR-TM101 |
Sent: | March 24, 2021 04:21:21 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
cUnited States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88854631
Mark: AWARE
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Correspondence Address: |
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Applicant: CUSTOM BIOMETRIC WEARABLES, INC.
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Reference/Docket No. AWR-TM101
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: March 24, 2021
This Office action is in response to applicant’s communication filed on December 15, 2020.
The applicant has 1) amended the filing basis to Section 1(b) and 2) proposed an amendment to the identification of goods. No. 1 is acceptable.
The proposed amendment to the identification of goods is unacceptable. In addition, the applicant failed to amend the description of the mark as required in the initial Office action.
FINAL - IDENTIFICATION OF GOODS
Applicant may adopt the following wording, if accurate:
Class 10
Medical device in the nature of a ___________ [applicant must clearly identify the goods and the major components using common commercial terms for the wording “Medical device in the nature of a custom biometric hearable platform for remote brain monitoring (EEG) including a shell, a microphone, one or more electrode sensors, and one or more additional biometric sensors. For example, medical devices in the nature of custom fit headphones with brain and biometric sensors for remote brain monitoring (EEG) comprised of a headphone, microphone, one or more electrode sensors, and one or more additional biometric sensors], in International Class 10.
TMEP §1402.01.
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.
Accordingly, the requirement to amend the identification of goods is maintained and made FINAL.
DESCRIPTION AMENDMENT REQUIRED – Description Accurate But Incomplete
The following description is suggested, if accurate:
The mark consists of the stylized term AWARE. The word is comprised of outlines of the shape of each lower case letter.
The requirement to amend the description of the mark is maintained and made FINAL.
RESPONSE GUIDELINES
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.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Sharon A. Meier/
Trademark Attorney, LO 112
571-272-9195 - phone
sharon.meier1@uspto.gov
RESPONSE GUIDANCE