To: | Tandem Diabetes Care, Inc. (IPdocket@thompsonhine.com) |
Subject: | U.S. Trademark Application Serial No. 90398407 - TANDEM SOURCE - 77315.130 |
Sent: | June 21, 2021 07:13:43 AM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90398407
Mark: TANDEM SOURCE
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Correspondence Address:
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Applicant: Tandem Diabetes Care, Inc.
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Reference/Docket No. 77315.130
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: June 21, 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 Results
The trademark examining attorney has searched the Office’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).
Identification of Goods and Services
“Downloadable mobile software applications for use in (specify, e.g. insulin monitoring and tracking blood glucose levels, etc.) in the field of diabetes management; downloadable software for use in (specify, e.g. the acquisition, storage, sharing and analysis of medical and physiological data, for predicting blood glucose levels and controlling medicament delivery, etc.) in the field of diabetes management” in Class 9.
“Software as a service (SAAS) services featuring software for use in (specify, e.g. insulin monitoring and tracking blood glucose levels, etc.) in the field of diabetes management; providing on-line non-downloadable software for use in (specify, e.g. insulin monitoring and tracking blood glucose levels, etc.) in the field of diabetes management” in Class 42.
Class 44 is acceptable as written.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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.
Questions
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/John M. Wilke/
Attorney Examiner
Law Office 104
571-272-5871
john.wilke@uspto.gov
RESPONSE GUIDANCE