To: | Tandem Diabetes Care, Inc. (IPdocket@thompsonhine.com) |
Subject: | U.S. Trademark Application Serial No. 90207218 - TANDEM MOBI - 77315.128 |
Sent: | November 13, 2020 09:01:05 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90207218
Mark: TANDEM MOBI
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Correspondence Address:
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Applicant: Tandem Diabetes Care, Inc.
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Reference/Docket No. 77315.128
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: November 13, 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.
SUMMARY OF ISSUES:
SEARCH OF USPTO DATABASE OF MARKS
ADVISORY: PRIOR-FILED PENDING APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION AND CLASSIFICATION OF GOODS
Specifically, applicant must amend the following wording in the identification of goods.
The wording “Medical devices, namely, drug delivery systems” in the identification of goods is indefinite and must be clarified because applicant must indicate the common commercial name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
International Class 9: Recorded and downloadable software and hardware for use in managing diabetes; recorded and downloadable software and hardware for linking medical instruments and devices; electronic controllers for infusion and injection devices
International Class 10: Medical devices, namely, drug delivery systems in the nature of {indicate the common commercial name of the goods, e.g., drug delivery
patches sold without medication, implantable drug delivery ports, intravenous bags sold empty for intravenous therapy}; medical apparatus, namely, infusion and injection
devices for administering drugs and other medicaments; infusion and injection device controllers; parts and fittings for the aforesaid goods, namely,
{indicate the common commercial name of the goods, e.g., hypodermic needles}
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.
How to respond. Click to file a response to this nonfinal Office action.
/Joanna E. H. Fiorelli/
Joanna E. H. Fiorelli
Trademark Examining Attorney
Law Office 105
571-272-4245
joanna.fiorelli@uspto.gov
RESPONSE GUIDANCE