PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85887163 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85887163 |
LITERAL ELEMENT |
INSPIRATION |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
The Examining Attorney has cited Application Serial Nos. 85494922 and 85690173 as potential bars to registration of the instant
application. Applicant reserves the opportunity to respond to these citations at a later date. |
GOODS AND/OR SERVICES SECTION (041)(class deleted) |
GOODS AND/OR SERVICES SECTION (035)(class added)Original Class (041) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Administration of patient information for others; administration of patient reimbursement programs; and operation of telephone call
centers for others |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1595846 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
09/26/2012 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of
priority. |
GOODS AND/OR SERVICES SECTION (041)(class added) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Educational services, namely, classes, seminars, lectures, counseling and information services all in the field of the diagnosis and
treatment of idiopathic pulmonary fibrosis. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1595846 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
09/26/2012 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of
priority. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_17219131124-130921821_._Inspiration_Logo_Signed_Decl.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\858\871\85887163\xml6\ROA0002.JPG |
SIGNATORY'S NAME |
Andrew Powell |
SIGNATORY'S POSITION |
Executive Vice President and General Counsel |
RESPONSE SIGNATURE |
/anne h. peck/ |
SIGNATORY'S NAME |
Anne H. Peck |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
(650) 843-5096 |
DATE SIGNED |
01/10/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jan 10 13:29:04 EST 2014 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20140110132904736469-8588
7163-500f9479298dd8ce5541
76ca8a180e31442a713a647a7
a2e1a9863a96f3062a264-DA-
11227-2014011013092182142
5 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85887163 INSPIRATION (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85887163) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has cited Application Serial Nos. 85494922 and 85690173 as potential bars to registration of the instant application. Applicant reserves the opportunity to
respond to these citations at a later date.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for patient administration, reimbursement assistance, call center support, and patient educational services regarding the diagnosis and treatment of idiopathic pulmonary fibrosis
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 041 ) for Administration of patient information for others; administration of patient reimbursement programs; and operation of telephone call centers for
others
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of
the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1595846 filed 09/26/2012]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority.
Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Educational services, namely, classes, seminars, lectures, counseling and information services all in the field of the diagnosis and treatment of idiopathic pulmonary
fibrosis.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of
the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1595846 filed 09/26/2012]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_17219131124-130921821_._Inspiration_Logo_Signed_Decl.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Andrew Powell
Signatory's Position: Executive Vice President and General Counsel
Response Signature
Signature: /anne h. peck/ Date: 01/10/2014
Signatory's Name: Anne H. Peck
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: (650) 843-5096
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: 85887163
RAM Accounting Date: 01/10/2014
Serial Number: 85887163
Internet Transmission Date: Fri Jan 10 13:29:04 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201401101329047
36469-85887163-500f9479298dd8ce554176ca8
a180e31442a713a647a7a2e1a9863a96f3062a26
4-DA-11227-20140110130921821425