Response to Office Action

Input Field	Entered
SERIAL NUMBER	85494893
LAW OFFICE ASSIGNED	LAW OFFICE 112
MARK SECTION
MARK FILE NAME	http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85494893
LITERAL ELEMENT	PLUS
STANDARD CHARACTERS	NO
USPTO-GENERATED IMAGE	NO
ARGUMENT(S)
The Examiner identifies three issues in her office action dated March 28, 2012: (1) The Examiner asserts that the specimen submitted does not show use of the mark in connection with the recited services; (2) The Examiners seeks an amendment to the recitation of services; and (3) The Examiner seeks clarification of the services and number of international classes for which registration is sought. Applicant addresses each issue in turn. Specimens The Examiner indicates that she does not believe that the specimen submitted shows use of Applicant’s mark on any of the recited services in the application. Applicant respectfully disagrees. The specimens submitted are copies of promotional postcards bearing the mark and advertising and explaining to existing dental service providers on Applicant’s dental PPO network the expansion of Applicant’s dental PPO plan and network under the mark. The front of the postcard is a picture of a person’s hand holding a PPO network member ID card that would be used by the members/patients of the network and provided to the dental service providers. The ID card bears the mark. On the back of the postcard, Applicant explains, for example, that “DenteMax [Applicant’s subsidiary] is excited to announce the Plus Network! DenteMax’s Plus Network is comprised of both the DenteMax and Careington Networks. Over the next several months you will begin to see members who have access to Dentemax’s Plus Network. You will be able to identify these members by the Plus Network logo and/or name on their ID card. Treat these members just like a DenteMax member.” The dental services providers receiving these promotional postcards would readily understand that the DenteMax and Careington Networks referred to on the postcards are the dental preferred provider plans to which they already provide services. Applicant’s mark also appears on this side of the postcard. The specimens are postcards actually sent to these dental service providers to advertise and promote the expanded PPO plan and network. Accordingly, the specimens are used in and show use of the mark with the services recited in the Application. Applicant respectfully requests that the Examiner withdraw her objection to the specimens. Recitation of Services The Examiner also objects to the recitation of services as indefinite and requests clarification. In response to the Examiner’s request, Applicant amends its recitation of services to read as follows: Organizing and administration of preferred provider plans in the field of dentistry; insurance consultation and administration services in the field of dental insurance and dental insurance capitation programs. Clarification of International Classes In light of the amendment to the recitation of services made above, Applicant clarifies that it seeks registration for its mark in only one international class - class 36. Having addressed each of the issues set forth in the Office Action, Applicant respectfully requests that its application, as amended herein, be approved and passed on for publication.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS	036
DESCRIPTION
Organizing and administration of preferred provider plans in the field of dentistry, dental, dental insurance services, consultation and administration services in the filed of dental insurance and dental insurance capitation programs, administration of discount programs for participating dental service providers in a PPO network, enabling participants to obtain discounts on third party business-related goods and services of interest to dentists and other dental practitioners and promoting the goods and services of others through the administration of a discount program
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 05/02/2011
FIRST USE IN COMMERCE DATE	At least as early as 05/02/2011
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS	036
TRACKED TEXT DESCRIPTION
Organizing and administration of preferred provider plans in the field of dentistry, dental, dental insurance services, consultation and administration services in the filed of dental insurance and dental insurance capitation programs, administration of discount programs for participating dental service providers in a PPO network, enabling participants to obtain discounts on third party business-related goods and services of interest to dentists and other dental practitioners and promoting the goods and services of others through the administration of a discount program; Organizing and administration of preferred provider plans in the field of dentistry; insurance consultation and administration services in the field of dental insurance and dental insurance capitation programs
FINAL DESCRIPTION
Organizing and administration of preferred provider plans in the field of dentistry; insurance consultation and administration services in the field of dental insurance and dental insurance capitation programs
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 05/02/2011
FIRST USE IN COMMERCE DATE	At least as early as 05/02/2011
SIGNATURE SECTION
RESPONSE SIGNATURE	/Sean Garrison/
SIGNATORY'S NAME	Sean Garrison
SIGNATORY'S POSITION	Attorney of record, Arizona bar member
SIGNATORY'S PHONE NUMBER	(602) 262-5311
DATE SIGNED	09/26/2012
AUTHORIZED SIGNATORY	YES
FILING INFORMATION SECTION
SUBMIT DATE	Thu Sep 27 11:55:17 EDT 2012
TEAS STAMP	USPTO/ROA-XX.XX.XXX.XX-20 120927115517104575-854948 93-4908a7dd594c5118e6eb88 c64ce2fdaa063-N/A-N/A-201 20926210956068077

To the Commissioner for Trademarks:

(1) The Examiner asserts that the specimen submitted does not show use of the mark in connection with the recited services;

(3) The Examiner seeks clarification of the services and number of international classes for which registration is sought.

The Examiner indicates that she does not believe that the specimen submitted shows use of Applicant’s mark on any of the recited services in the application. Applicant respectfully disagrees. The specimens submitted are copies of promotional postcards bearing the mark and advertising and explaining to existing dental service providers on Applicant’s dental PPO network the expansion of Applicant’s dental PPO plan and network under the mark. The front of the postcard is a picture of a person’s hand holding a PPO network member ID card that would be used by the members/patients of the network and provided to the dental service providers. The ID card bears the mark. On the back of the postcard, Applicant explains, for example, that “DenteMax [Applicant’s subsidiary] is excited to announce the Plus Network! DenteMax’s Plus Network is comprised of both the DenteMax and Careington Networks. Over the next several months you will begin to see members who have access to Dentemax’s Plus Network. You will be able to identify these members by the Plus Network logo and/or name on their ID card. Treat these members just like a DenteMax member.” The dental services providers receiving these promotional postcards would readily understand that the DenteMax and Careington Networks referred to on the postcards are the dental preferred provider plans to which they already provide services. Applicant’s mark also appears on this side of the postcard. The specimens are postcards actually sent to these dental service providers to advertise and promote the expanded PPO plan and network. Accordingly, the specimens are used in and show use of the mark with the services recited in the Application. Applicant respectfully requests that the Examiner withdraw her objection to the specimens.

The Examiner also objects to the recitation of services as indefinite and requests clarification. In response to the Examiner’s request, Applicant amends its recitation of services to read as follows: Organizing and administration of preferred provider plans in the field of dentistry; insurance consultation and administration services in the field of dental insurance and dental insurance capitation programs.

In light of the amendment to the recitation of services made above, Applicant clarifies that it seeks registration for its mark in only one international class - class 36.

Having addressed each of the issues set forth in the Office Action, Applicant respectfully requests that its application, as amended herein, be approved and passed on for publication.