To: | Premera Blue Cross (Efiling@cojk.com) |
Subject: | U.S. Trademark Application Serial No. 88960496 - KINWELL - 1296-T18US |
Sent: | May 18, 2021 07:02:10 AM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88960496
Mark: KINWELL
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Correspondence Address: Jerald E. Nagae, Reg. No. 29,418 Christensen O'Connor Johnson Kindness
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Applicant: Premera Blue Cross
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Reference/Docket No. 1296-T18US
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 18, 2021
This application was approved for publication on March 19, 2021. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Identification Unacceptable in Part-Class 41
The wording “Providing assistance to business clients to help their employees make physical fitness, strength, conditioning, and exercise changes in their daily living” is indefinite, overbroad, and possibly misclassified. Specifically, the nature of “assistance” is unclear and could refer to assistance services in more than one class (e.g., Class 35 business assistance, Class 36 financial assistance, Class 44 medical assistance, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The Applicant must amend this wording to clarify the common commercial name and/or type of the services and reclassify as applicable.
The wording “Providing fitness consultation to business clients to help their employees make physical fitness, strength, conditioning, and exercise changes in their daily living” is acceptable as currently specified in Class 41.
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.
If applicant does not respond to this Office action within the six-month period for response, the following services in International Class 41 will be deleted from the application: Providing assistance to business clients to help their employees make physical fitness, strength, conditioning, and exercise changes in their daily living. The application will then proceed with all other currently specified goods and/or services. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
Ferraiuolo, Dominic
/DominicJFerraiuolo/
Examining Attorney, U.S.P.T.O.
Law Office 102
tel: 571-272-9156
fax: 571-273-9102
dominic.ferraiuolo@uspto.gov
RESPONSE GUIDANCE