Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77636032 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for computer software namely software that allows telemedicine services including real time video consultations, on-line video chats, e-mails and instant messacomputer software namely software that allows telemedicine services including real time video consultations, on-line video chats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about healthging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about health

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for computer services namely operation of an internet platform that allows telemedicine services including real time video consultations, on-line video chats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about health; operations of virtual medical clinics; operations of medical clinics; medical clinic services; providing online chat rooms for registered users for transmission of messages concerning health; providing an online directory information service featuring information in the field of medicine and health and allowing medical networking
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: computer services namely operation of an internet platform that allows telemedicine services including real time video consultations, on-line video chats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about health; providing temporary use of non-downloadable software to provide telemedicine services via the Internet, namely, real time video consultations, on-line video chats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about health; operations of virtual medical clinics; providing temporary use of non-downloadable software to provide virtual medical clinic services; operations of medical clinics; providing temporary use of non-downloadable software to manage virtual health care clinics and medical clinics; medical clinic services; providing online chat rooms for registered users for transmission of messages concerning health; providing an online directory information service featuring information in the field of medicine and health and allowing medical networkingClass 044 for providing temporary use of non-downloadable software to provide telemedicine services via the Internet, namely, real time video consultations, on-line video chats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health and medical records and obtain general information about health; providing temporary use of non-downloadable software to provide virtual medical clinic services; providing temporary use of non-downloadable software to manage virtual health care clinics and medical clinics
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for providing an on-line directory information service featuring information in the field of medicine and health; on-line business networking services for medical professionals
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 038 for providing on-line chat rooms for registered users for transmission of messages concerning health
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use HEALTH apart from the mark as shown.

FEE(S)
Fee(s) in the amount of $650 is being submitted.

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: /barbara a. barakat/     Date: 09/16/2009
Signatory's Name: Barbara A. Barakat
Signatory's Position: Attorney of record

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.

        
RAM Sale Number: 192
RAM Accounting Date: 09/17/2009
        
Serial Number: 77636032
Internet Transmission Date: Wed Sep 16 14:15:19 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20090916141519000
196-77636032-460537b77453e646cfe5b376927
7dfc-DA-192-20090916140859944480