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:  January 29, 2022

 

Upon further review the following requirement is being made.  The examining attorney apologizes for any inconvenience the delay in issuing the requirement may have caused the applicant.

 

Identification and Classification of Services – Partial Refusal

The wording “providing information to healthcare professionals regarding building communication skills, improving patient-provider interactions, and optimizing patient engagement and experiences” in the identification of services is indefinite and must be clarified because it is indefinite and overbroad.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

Information services are classified according to the service-related subject matter of the information service. TMEP §1402.11(b). Here, the subject matters identified in the information services potentially identifies information services in multiple classes. For example, “providing information to healthcare professionals regarding building communication skills” potentially identifies information on education regarding building communication skills to healthcare professionals in Class 41. “Providing information to healthcare professionals regarding … improving patient-provider interactions, and optimizing patient engagement and experiences” potentially identifies the providing of business management or customer relationship management information in Class 35 or the providing of healthcare information in Class 44. Please clarify the services and, if necessary, reclassify the services. 

 

Applicant may substitute the following wording, if accurate: providing customer relationship management information to healthcare professionals in order to build communication skills, improve patient-provider interactions, and optimize patient engagement and experiences.

 

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.

 

 

 

 

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

 

 

/Kelley L. Wells/

Trademark Examining Attorney

Law Office 118

571-272-9312

Kelley.Wells@uspto.gov

 

 

 

 

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 January 29, 2022 for

U.S. Trademark Application Serial No. 90634169

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action in order to avoid your application abandoning.  Follow the steps below.

 

(1)  Read the Office action HERE.  This email is NOT the Office action.

 

(2)  Respond to the Office action by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

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 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 may mail or email you trademark-related offers and notices – most of which require fees.  The USPTO will only email official USPTO correspondence from the domain “@uspto.gov.”

 

·         Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney identified above is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.