To: | Gold Standard Diagnostics Corp. (trademark@downeybrand.com) |
Subject: | U.S. Trademark Application Serial No. 90174599 - DERECHO - 39184.6 |
Sent: | February 01, 2021 01:28:33 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90174599
Mark: DERECHO
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Correspondence Address:
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Applicant: Gold Standard Diagnostics Corp.
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Reference/Docket No. 39184.6
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: February 01, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION OF GOODS AMENDMENT REQUIRED
The wording “downloadable software used therewith” in the identification of goods for International Class 010 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. If the software is used with the Class 010 goods, but sold separately then it is a Class 009 good. If the software is an integrated part of the Class 010 goods or sold as a unit, then it is classified in Class 010. Additionally, applicant must clarify the function of the software.
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 substitute the following wording, if accurate:
International Class 009: downloadable software for analyzing and recording the results of a laboratory medical automated diagnostic device for processing strips containing reagents for assays
International Class 010: Laboratory medical automated diagnostic device for processing strips containing reagents for assays and downloadable software for recording and analyzing the results, sold as a unit
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.
ASSISTANCE
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.
/Kristin Williams/
Kristin Williams
Examining Attorney
Law Office 105
(571) 270-1942
kristin.williams@uspto.gov
RESPONSE GUIDANCE