To: | THE HUB MARKETING SERVICES, LLC (bnatter@haugpartners.com) |
Subject: | U.S. Trademark Application Serial No. 88914954 - MEDIC THERAPEUTICS - A199-103.3 |
Sent: | June 29, 2020 11:18:28 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88914954
Mark: MEDIC THERAPEUTICS
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Correspondence Address:
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Applicant: THE HUB MARKETING SERVICES, LLC
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Reference/Docket No. A199-103.3
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 29, 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.
DATABASE SEARCH – NO CONFLICTING 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.
IDENTIFICATION AND CLASSIFICATION OF GOODS & SERVICES
The goods are:
Class 9: infrared thermometers not for medical purposes
Class 10: Contactless ultraviolet sterilizers, namely sterilizers for medical purposes; Infrared thermometers for medical purposes; blood pressure monitors; massage apparatus in the nature of a massage gun; Copper compression garments; Walking canes; Wheeled walkers to aid mobility
Class 11: Contactless ultraviolet sterilizers, namely sterilizers for household purposes;
Some of the wording in the identification of goods, highlighted in bold type, above, is indefinite because it does not clearly specify the nature, function, or purpose of the goods. Applicant must amend to description to clarify, as appropriate, the nature, intended consumers, main purpose, and intended uses of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
In addition, the underlined goods are misclassified or are described so broadly that they implicate multiple international classes. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b), 1402.03 et seq. Accordingly, applicant must amend the application to delete, reword, and/or re-classify the goods as indicated below. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b), 1402.03 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant may adopt the following identification and classifications, if accurate:
Class 9: infrared thermometers not for medical purposes
Class 10: Infrared thermometers for medical purposes; blood pressure monitors; massage apparatus in the nature of a massage gun; Copper compression garments; Walking canes for medical purposes; Wheeled walkers to aid mobility
Class 11: Contactless ultraviolet sterilizers, namely sterilizers for household purposes; Contactless ultraviolet sterilizers, namely sterilizers for medical purposes;
Class 18: Walking canes
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS / INSUFFICIENT FEE
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 1(b):
(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 fees already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 3 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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
CONTACT EXAMINING ATTORNEY
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.
/Roger T. McDorman/
Trademark Examining Attorney
Law Office 109
571-272-5224
roger.mcdorman@uspto.gov
RESPONSE GUIDANCE