To: | Evofem Biosciences, Inc. (adskale@mintz.com) |
Subject: | U.S. Trademark Application Serial No. 88925395 - PHEXXI CONCIERGE EXPERIENCE - 054498421T01 |
Sent: | August 12, 2020 04:30:35 PM |
Sent As: | ecom125@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88925395
Mark: PHEXXI CONCIERGE EXPERIENCE
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Correspondence Address: |
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Applicant: Evofem Biosciences, Inc.
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Reference/Docket No. 054498421T01
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: August 12, 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 OFFICE’S 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.
IDENTIFICATION OF GOODS
The identification of services is indefinite and must be clarified to further specify the nature, use, or subject matter of certain items, as set out in bold below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The nature of the wording “providing an interactive web site for connecting a network of health care professionals and service providers with patients” and “Providing an interactive web site for facilitating the collection of survey data and information to connect a network of health care professionals and service providers with patients” is unclear.
This wording is indefinite, because it encompasses services in International Class 42, in the nature of websites featuring software technology. For example, the applicant’s identification for “Providing an interactive web site for facilitating the collection of survey data and information to connect a network of health care professionals and service providers with patients” encompasses an interactive website that features technology for collecting survey data and information. In addition, websites are often classified by the underlying subject matter of the information. Thus, while a website featuring healthcare information would be properly classified in International Class 44, a website featuring consumer information in the field of healthcare would be properly classified in International Class 35.
Applicant may substitute the following, if accurate:
International Class 42 [new class]: providing an interactive web site featuring technology for connecting a network of health care professionals and service providers with patients; Providing an interactive web site featuring technology for facilitating the collection of survey data and information to connect a network of health care professionals and service providers with patients
International Class 44: Providing on-line information services in the field of health; Providing an interactive web site featuring healthcare information for connecting a network of health care professionals and service providers with patients; Providing health information; Providing internet-based medical information for users about medical products, issues, and procedures; Providing an interactive web site for relaying information about medical experiences for patient support; Providing health information; Providing an interactive web site featuring healthcare information for facilitating the collection of survey data and information to connect a network of health care professionals and service providers with patients; Providing health information in the field of women's health
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
(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 at least 2 classes; 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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
DISCLAIMER REQUIRED
The attached definition shows that the wording “CONCIERGE” within the medical field means “pertaining to or being medical care for which the patient pays the doctor an annual fee for special or extra services.” The wording “EXPERIENCE” means “something personally encountered, undergone, or lived through.” The wording “CONCIERGE EXPERIENCE” describes special medical services that can be encountered by consumers. Applicant’s broad identification, is presumed to encompass all services of the type described. Thus, applicant’s identification for “healthcare information” for example, encompasses health information pertaining to concierge medical care.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “CONCIERGE EXPERIENCE” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
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 response to this nonfinal Office action.
Cuello, Gidette
/Gidette Cuello/
Trademark Examining Attorney
Law Office 125
(571)272-1122
gidette.cuello@uspto.gov
RESPONSE GUIDANCE