Response to Office Action

VREE

MERCK SHARP & DOHME CORP.

Response to Office Action

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 85085299
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 044
DESCRIPTION
Mobile healthcare services, namely, providing patients and caregivers with consulting services concerning managing chronic diseases
        FIRST USE ANYWHERE DATE At least as early as 02/19/2010
        FIRST USE IN COMMERCE DATE At least as early as 02/19/2010
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 044
DESCRIPTION
Mobile healthcare services, namely, providing patients and caregivers with consulting services concerning managing chronic diseases
       FIRST USE ANYWHERE DATE At least as early as 10/00/2011
       FIRST USE IN COMMERCE DATE At least as early as 10/00/2011
       STATEMENT TYPE "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-1559145231-114948697_._VREE_-_US_specimen_of_use.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT11\IMAGEOUT11\850\852\85085299\xml22\ROA0002.JPG
        \\TICRS\EXPORT11\IMAGEOUT11\850\852\85085299\xml22\ROA0003.JPG
        \\TICRS\EXPORT11\IMAGEOUT11\850\852\85085299\xml22\ROA0004.JPG
       SPECIMEN DESCRIPTION Screen shots of an online management platform to connect caregivers with patients so that patients can better manage chronic diseases.
SIGNATURE SECTION
DECLARATION SIGNATURE /Sophie B. Anger/
SIGNATORY'S NAME Sophie Anger
SIGNATORY'S POSITION Authorized Signatory
DATE SIGNED 10/31/2011
RESPONSE SIGNATURE /Sophie B. Anger/
SIGNATORY'S NAME Sophie Anger
SIGNATORY'S POSITION Authorized Signatory
DATE SIGNED 10/31/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Oct 31 15:37:27 EDT 2011
TEAS STAMP USPTO/ROA-XXX.XX.XX.XXX-2
0111031153727719895-85085
299-48062e1dbb0c18074abe1
d2869128557770-N/A-N/A-20
111031114948697096



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. 85085299 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Mobile healthcare services, namely, providing patients and caregivers with consulting services concerning managing chronic diseases
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)).

In International Class 044, the mark was first used at least as early as 02/19/2010 and first used in commerce at least as early as 02/19/2010.

Proposed: Class 044 for Mobile healthcare services, namely, providing patients and caregivers with consulting services concerning managing chronic diseases

Deleted Filing Basis: 1(b)
In International Class 044, the mark was first used at least as early as 10/00/2011. and first used in commerce at least as early as 10/00/2011.

Applicant hereby submits a new specimen for Class 044. The specimen(s) submitted consists of Screen shots of an online management platform to connect caregivers with patients so that patients can better manage chronic diseases..
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Original PDF file:
SPU0-1559145231-114948697_._VREE_-_US_specimen_of_use.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Sophie B. Anger/      Date: 10/31/2011
Signatory's Name: Sophie Anger
Signatory's Position: Authorized Signatory

Response Signature
Signature: /Sophie B. Anger/     Date: 10/31/2011
Signatory's Name: Sophie Anger
Signatory's Position: Authorized Signatory

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: 85085299
Internet Transmission Date: Mon Oct 31 15:37:27 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2011103115372771
9895-85085299-48062e1dbb0c18074abe1d2869
128557770-N/A-N/A-20111031114948697096


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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