To: | LivaNova USA, INC. (dockmpls@merchantgould.com) |
Subject: | U.S. Trademark Application Serial No. 90227474 - ESSENZ - 18357.134US1 |
Sent: | March 05, 2021 08:20:18 PM |
Sent As: | ecom124@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90227474
Mark: ESSENZ
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Correspondence Address:
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Applicant: LivaNova USA, INC.
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Reference/Docket No. 18357.134US1
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: March 05, 2021
Search Results
The identification of goods must be amended because the wording is indefinite and too broad.
The wording “heart and lung machines” in the identification of goods is indefinite and must be clarified because type or purpose of the machines is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “heart pacemakers; lung machines, namely, lung ventilators with monitoring capability.”
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
However, while the word “accessories” and “spare parts” alone is generally unacceptable for the reasons identified above, the wording “replacement parts therefor” or “structural parts therefor” is acceptable when it follows a definite identification of goods. See TMEP §1402.03(a).
To address the indefinite wording discussed above, applicant may adopt any or all of the following identification of goods, if accurate. Suggested changes are indicated in bold, strikethrough, and underlined fonts.
International Class 10: Medical apparatus and instruments for treating cardiovascular disease and their accessories {specify common commercial names of accessories}; heart
pacemakers and lung machines, namely, lung ventilators with monitoring capability; perfusion systems comprised of {list
generic names of system components with Class 10 primary components first}; perfusion data management systems comprised of {list generic names of system components with
Class 10 primary components first};, accessories and spare parts for the aforementioned articles {specify generic names of accessories and spare parts in Class
10}.
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.
Translation Statement Required
Responding to this Office action
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
How to respond. Click to file a response to this nonfinal Office action.
/April Reeves/
April E. Reeves
Examining Attorney
Law Office 124
(571) 272-3681
april.reeves@uspto.gov
RESPONSE GUIDANCE