Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  September 30, 2021

 

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.

 

SEARCH RESULTS

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

INFORMALITIES

The applicant must address the following informalities.

 

Description of Mark

Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Specifically, the design element must be described with more detail.  Descriptions must be accurate and identify all the literal and design elements in the mark.  See 37 C.F.R. §2.37; TMEP §§808 et seq. 

 

The following description is suggested, if accurate:  The mark consists of an oval design with two breaks in it and a vertical bar based on the interior, bottom middle of the oval design, with the word RUSH depicted to the right of the design.

 

Identification of Services

The identification of services is unacceptable for the reasons indicated below.  Moreover, the punctuation throughout the identification of services creates ambiguity and must be amended. 

 

The highlighted wording in the identification of services is indefinite and must be clarified because the nature of the services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The applicant may amend to the following, if accurate:

 

Class 35:

Institutional retail pharmacy services; Physician referral services

 

Class 36:

Charitable foundation services, namely, raising and administering funds to improve access to healthcare services, medical technology, medical education, medical research, procedures for those in need, quality health care for those in need [Applicant may substitute the following wording, if accurate:  “Charitable foundation services, namely, fund raising and administering funds to provide financial support to improve access to healthcare services to those in need, to financially support medical technology, medical education, and medical research, to provide financial support for medical procedures for those in need, and to provide financial support to quality health care for those in need”]; Charitable foundation services, namely, providing fundraising activities and investment management services to support medical education and research and procedures for those in need

 

Class 41:

Educational services, namely, cardiac life support classes, cardiopulmonary resuscitation classes, diabetes classes, first aid and safety classes, health and wellness education classes, prenatal classes [Applicant may substitute the following wording, if accurate:  “Educational services, namely, conducting cardiac life support classes, cardiopulmonary resuscitation classes, diabetes classes, first aid and safety classes, health and wellness education classes, prenatal classes”]; Educational services, namely, providing continuing professional education courses in the fields of medicine and nursing; Educational services, namely, providing courses of instruction at the college level in the fields of medicine and nursing; Educational services, namely, conducting programs in the field of medical residency [this wording is unacceptable because it is indefinite, the applicant must clarify what aspects of “medical residency” are featured in its educational programs]; Educational services, namely, providing courses of instruction at the graduate level in the fields of medicine and nursing; Educational services, namely, providing courses of instruction at the post-graduate level in the fields of medicine and nursing; Providing an online educational program that assists parents in learning new skills for raising young children [Applicant may substitute the following wording, if accurate:  “Educational services, namely, conducting an online educational program that assists parents in learning new skills for raising young children”]; Providing information in the field of education regarding healthcare

 

Class 42:

 

{Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 42 for “medical laboratories.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it 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.  Also, generally, any deleted goods and/or services may not later be reinserted.  TMEP §1402.07(e).}

 

Medical and scientific research, namely, conducting clinical trials for others; Medical laboratories; Medical research services

 

Class 44:

Addiction treatment services in the field of substance abuse; Behavioral health services; Chemical dependency and substance abuse treatment services; Clinical mental health counseling services; Counseling services in the fields of health, nutrition, and lifestyle wellness; Genetic counseling; Healthcare services in the field of acupuncture; Healthcare services in the field of physical rehabilitation patient care including inpatient care, outpatient care, physical therapy, speech therapy, and sports medicine; Healthcare services in the field of allergy, anesthesiology, cardiology, chemotherapy and radiation therapy, cystic fibrosis, emergency care, endocrinology, family medicine, gastroenterology, general surgery, geriatrics, home health care, hospitalist care, immunology, infectious diseases, internal medicine, long term care, medical radiology, neonatology, neurology, neuropsychology, obstetrics and gynecology, occupational health, orthopedic care, otolaryngology, pain and spine care, pediatrics, perinatology, plastics and cosmetic surgery, psychiatric and behavioral health care, skilled nursing, urology, walk-in care; Hospital services; Medical clinics; Medical consultations; Medical imaging services; Medical radiology services; Medical services, namely, cancer treatment services for patients; Medical ultrasound imaging services; Mental health screening services; Nutrition counseling; Providing educational information about healthcare; Providing healthcare information; Urology medical care service

 

Class 45:

Case management services, namely, coordination of legal, social and psychological services; Counseling in the field of developing, strengthening and sustaining well-balanced families and family relationships; Grief counseling services; Organizing and conducting support groups in the field of younger onset Alzheimer's disease; Providing emotional counseling and emotional support services for younger onset Alzheimer's disease patients and their family and friends; Providing personal support services for families of patients with life threatening disorders

 

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.

 

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).

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

Please call or email the assigned trademark examining attorney with questions about this Office action. 

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

/Katherine Stoides/

Trademark Examining Attorney

Law Office 101

571-272-9230

katherine.stoides@uspto.gov (unofficial use only)

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 30, 2021 for

U.S. Trademark Application Serial No. 90549539

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Katherine Stoides/

Trademark Examining Attorney

Law Office 101

571-272-9230

katherine.stoides@uspto.gov (unofficial use only)

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 30, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”