Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 2/4/2019

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by applicant's attorney, Heather A. Sapp, via a February 4, 2019 e-mail, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and services may clarify or limit the goods or services, but may not add to or broaden the scope of the goods or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

The identification of goods and services is amended to read as follows:

 

Class 9:            Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens

 

Class 38:          [no change]

 

Class 41:          [no change]

 

Class 44:          [no change]

 

See TMEP §§1402.01, 1402.01(e).

 

If applicant has any questions regarding this Examiner's Amendment, please telephone the assigned examining attorney.

 

 

 

 

Matthew Howell

/Matthew Howell/

Examining Attorney

Trademark Law Office 123

(571)270-0992

matthew.howell@uspto.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 2/4/2019 FOR U.S. APPLICATION SERIAL NO.88202854

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.