PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77472846 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION (no change) |
ARGUMENT(S) |
Applicant has petitioned to cancel cited Reg. No. 3,401,282 (Cancellation No. 92050592) and therefore requests suspension of the subject
application pending the outcome of the cancellation proceeding. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
045 |
DESCRIPTION |
Fraud detection services and quality assurance services in the field of health care insurance; investigation services related to
insurance claims |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/05/2007 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/05/2007 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
045 |
TRACKED TEXT DESCRIPTION |
[Fraud detection services and quality assurance services in the field of health care insurance];
Fraud detection services in the field of health care insurance; investigation services related to insurance claims |
FINAL DESCRIPTION |
Fraud detection services in the field of health care insurance; investigation services related to insurance claims |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/05/2007 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/05/2007 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/wrobertson/ |
SIGNATORY'S NAME |
Wendy Robertson |
SIGNATORY'S POSITION |
Attorney for Applicant, Tennessee bar member |
DATE SIGNED |
03/02/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 02 09:35:54 EST 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.X-20
090302093554450456-774728
46-4401d9733d8384450fc981
593c93f5c4a69-N/A-N/A-200
90302092834383085 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77472846 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has petitioned to cancel cited Reg. No. 3,401,282 (Cancellation No. 92050592) and therefore requests suspension of the subject application pending the outcome of the
cancellation proceeding.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Fraud detection services and quality assurance services in the field of health care insurance; investigation services related to insurance claims
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/05/2007 and first used in commerce at least as early as 02/05/2007, and is
now in use in such commerce.
Proposed:
Tracked Text Description: [
Fraud detection services and quality assurance services in the field of health care insurance];
Fraud detection services in the field of health care insurance;
investigation services related to insurance claimsClass 045 for Fraud detection services in the
field of health care insurance; investigation services related to insurance claims
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/05/2007 and first used in commerce at least as early as 02/05/2007, and is
now in use in such commerce.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /wrobertson/ Date: 03/02/2009
Signatory's Name: Wendy Robertson
Signatory's Position: Attorney for Applicant, Tennessee bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 77472846
Internet Transmission Date: Mon Mar 02 09:35:54 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20090302093554450
456-77472846-4401d9733d8384450fc981593c9
3f5c4a69-N/A-N/A-20090302092834383085