To: | Lumenis Ltd. (admin@isusip.com) |
Subject: | U.S. Trademark Application Serial No. 90172556 - HIMS - N/A |
Sent: | December 15, 2020 05:33:20 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90172556
Mark: HIMS
|
|
Correspondence Address: ISUS INTELLECTUAL PROPERTY PLLC
|
|
Applicant: Lumenis Ltd.
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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: December 15, 2020
The assigned trademark examining attorney has reviewed the referenced application. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
OFFICE SEARCH
A search of the USPTO database of registered and pending marks revealed no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
REFUSAL – SECTION 2(e)(1) MERELY DESCRIPTIVE
The identified goods and services are:
IC 010: Electromagnetic stimulation (EMS) medical and aesthetic skin treatment devices, for performing non-invasive skin and body treatment procedures;
IC 044: Medical and aesthetic treatments of the face, skin and other body portions, namely, electromagnetic stimulation (EMS) skin tightening and skin rejuvenation services
The attached evidence from NIH National Library of Medicine shows that the acronym "HIMS" comprising the mark stands for "high intensity magnetic stimulation". The attached evidence from Byrdie shows that high intensity electromagnetic stimulation is used in aesthetic body treatments. Relative to the identified goods and services, "HIMS" means devices and services for delivering high intensity magnetic stimulation. Therefore, the mark merely describes a use of the goods and a feature of the services.
Because the mark merely describes the goods and services, registration on the Principal Register is refused on the basis of mere descriptiveness.
RESPONSE GUIDELINES
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the issue in this Office action. See TMEP §§705.02, 709.06.
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.
/Betty Chang/
Examining Attorney
Law Office 115
571-272-6517
betty.chang@uspto.gov
RESPONSE GUIDANCE