Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 85960709 THERANOS (Stylized and/or with Design, see http://uspto.report/TM/85960709/mark.png) 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 001 for Reagents for scientific or research use; diagnostic reagents for clinical or medical laboratory use; chemical preparations for scientific purposes; reagents for chemical analysis; diagnostic kits; testing kits containing reagents used in analyzing and detecting certain toxins for clinical or medical laboratory use; genetic identity tests comprised of reagents; antibodies for in vitro scientific or research use; biochemicals; biomedical compounds; chemical preparations to be used in biochemical and clinical research; diagnostic preparations for clinical or medical laboratory use
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Reagents for scientific or research use; diagnostic reagents for clinical or medical laboratory use; chemical preparations for scientific purposes; reagents for chemical analysis; diagnostic kits; diagnostic kits consisting primarily of monoclonal antibodies, buffers, and reagents to monitor toxicity of drugs; testing kits containing reagents used in analyzing and detecting certain toxins for clinical or medical laboratory use; genetic identity tests comprised of reagents; antibodies for in vitro scientific or research use; biochemicals; biochemicals, namely, for in vitro and in vivo scientific use; biomedical compounds; biomedical compounds, namely, substrates used in analyzing and detecting certain toxins for laboratory or research use; biomedical compounds, namely, substrates used in analyzing and detecting certain toxins for laboratory or research use; chemical preparations to be used in biochemical and clinical research; diagnostic preparations for clinical or medical laboratory useClass 001 for Reagents for scientific or research use; diagnostic reagents for clinical or medical laboratory use; chemical preparations for scientific purposes; reagents for chemical analysis; diagnostic kits consisting primarily of monoclonal antibodies, buffers, and reagents to monitor toxicity of drugs; testing kits containing reagents used in analyzing and detecting certain toxins for clinical or medical laboratory use; genetic identity tests comprised of reagents; antibodies for in vitro scientific or research use; biochemicals, namely, for in vitro and in vivo scientific use; biomedical compounds, namely, substrates used in analyzing and detecting certain toxins for laboratory or research use; biomedical compounds, namely, substrates used in analyzing and detecting certain toxins for laboratory or research use; chemical preparations to be used in biochemical and clinical research; diagnostic preparations for clinical or medical laboratory use
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Biological and chemical preparations for medical or veterinary use; reagents and media for medical or veterinary purposes; clinical medical reagents; biological and chemical preparations, namely, antibodies for clinical, medical or veterinary use to detect and analyze substances; diagnostic kits for medical or veterinary use; diagnostic preparations for medical or veterinary purposes; testing kits for testing bodily fluids; medical diagnostic test kits comprised of reagents and assays for testing of body fluids; medical diagnostic and monitoring test strips for use in the treatment of a wide variety of diseases and health disorders; test strips for medical and laboratory analysis of blood; ovulation test kits; biological tissue cultures for medical or veterinary purposes; culture media for cultivating blood cells
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Biological and chemical preparations for medical or veterinary use; Biological and chemical preparations for medical or veterinary use for the diagnosis and treatment of a wide variety of hematological, neurological, pulmonary, endocrinal, muscular and cardiac related physical conditions and diseases; reagents and media for medical or veterinary purposes; clinical medical reagents; biological and chemical preparations, namely, antibodies for clinical, medical or veterinary use to detect and analyze substances; diagnostic kits for medical or veterinary use; diagnostic kits comprised of medical diagnostic reagents and assays for testing blood and other body fluids for medical or veterinary use; diagnostic preparations for medical or veterinary purposes; testing kits for testing bodily fluids; drug testing kits comprised of medical diagnostic reagents and assays for testing bodily fluids; medical diagnostic test kits comprised of reagents and assays for testing of body fluids; medical diagnostic and monitoring test strips for use in the treatment of a wide variety of diseases and health disorders; test strips for medical and laboratory analysis of blood; ovulation test kits; biological tissue cultures for medical or veterinary purposes; culture media for cultivating blood cellsClass 005 for Biological and chemical preparations for medical or veterinary use for the diagnosis and treatment of a wide variety of hematological, neurological, pulmonary, endocrinal, muscular and cardiac related physical conditions and diseases; reagents and media for medical or veterinary purposes; clinical medical reagents; biological and chemical preparations, namely, antibodies for clinical, medical or veterinary use to detect and analyze substances; diagnostic kits comprised of medical diagnostic reagents and assays for testing blood and other body fluids for medical or veterinary use; diagnostic preparations for medical or veterinary purposes; drug testing kits comprised of medical diagnostic reagents and assays for testing bodily fluids; medical diagnostic test kits comprised of reagents and assays for testing of body fluids; medical diagnostic and monitoring test strips for use in the treatment of a wide variety of diseases and health disorders; test strips for medical and laboratory analysis of blood; ovulation test kits; biological tissue cultures for medical or veterinary purposes; culture media for cultivating blood cells
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software; computer software for medical monitoring and analysis of medical data; computer software for analysis of body fluids; computer software for communication and data transfer between health care professionals and patients; computer hardware; mobile electronic devices; electronic publications
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Computer software; Computer software for healthcare monitoring; computer software for medical diagnostics testing and monitoring and for communicating medical test results to patients and service providers in the medical and healthcare fields; computer software for use in biomonitoring of humans and of animals; computer software for medical monitoring and analysis of medical data; computer software for analysis of body fluids; mobile electronic devices; computer software for communication and data transfer between health care professionals and patients; electronic publications; computer hardware; mobile electronic devices, namely, testing, monitoring and reporting devices for medical and healthcare purposes for individualized medicine and healthcare; downloadable electronic publications, namely, downloadable newsletters, blogs, e-zines, magazines, books, manuals, pamphlets, diaries and journals in the fields of healthcare, medicine, personal health and fitness, biomonitoring, medical diagnostics, monitoring and testingClass 009 for Computer software for healthcare monitoring; computer software for medical diagnostics testing and monitoring and for communicating medical test results to patients and service providers in the medical and healthcare fields; computer software for use in biomonitoring of humans and of animals; computer software for medical monitoring and analysis of medical data; computer software for analysis of body fluids; computer software for communication and data transfer between health care professionals and patients; computer hardware; mobile electronic devices, namely, testing, monitoring and reporting devices for medical and healthcare purposes for individualized medicine and healthcare; downloadable electronic publications, namely, downloadable newsletters, blogs, e-zines, magazines, books, manuals, pamphlets, diaries and journals in the fields of healthcare, medicine, personal health and fitness, biomonitoring, medical diagnostics, monitoring and testing
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical devices; medical devices, namely, point of care and handheld devices for analysis of drugs, proteins and other substances, and wireless transfer of medical data; medical measuring apparatus; medical measuring apparatus, namely, cartridges for use with therapies or equipment for medical monitoring and analysis of substances; apparatus for blood analysis; apparatus for taking blood samples; blood testing apparatus; apparatus for clinical diagnosis; capillary reagent tubes; capillary tubes for blood; capillary tubes for samples; containers especially made for processing blood samples; containers for medical waste; devices for monitoring blood sugar; diagnostic apparatus for the detection of a wide variety of diseases; health monitoring devices; medical diagnostics apparatus; medical apparatus and instruments for monitoring blood properties; medical devices for obtaining body fluid samples; patient medical monitors for monitoring a wide variety of physical conditions and diseases; home or portable monitors for monitoring a wide variety of physical conditions and diseases
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Medical devices; Medical devices, namely, portable biomonitoring devices for monitoring blood pressure, pulse, heart rate, respiration, blood oxygen, blood glucose, blood composition, cholesterol, temperature and weight; medical devices, namely apparatus for laboratory analysis of body fluids and tissue; medical measuring apparatus; medical devices, namely, point of care and handheld devices for analysis of drugs, proteins and other substances, and wireless transfer of medical data; medical measuring apparatus, namely, equipment for medical monitoring and analysis of body fluids and tissue; medical measuring apparatus, namely, cartridges for use with therapies or equipment for medical monitoring and analysis of substances; apparatus for blood analysis; apparatus for taking blood samples; blood testing apparatus; apparatus for clinical diagnosis; capillary reagent tubes; capillary tubes for blood; capillary tubes for samples; containers especially made for processing blood samples; containers for medical waste; devices for monitoring blood sugar; health monitoring devices; diagnostic apparatus for the detection of a wide variety of diseases; medical diagnostics apparatus; health monitoring devices, namely, personal medical monitors of blood pressure, pulse, heart rate, respiration, blood oxygen, blood glucose, blood composition, cholesterol, temperature and weight, for monitoring a wide variety of physical conditions and diseases; medical diagnostics apparatus for diagnosing a wide variety of physical conditions and diseases; medical apparatus and instruments for monitoring blood properties; medical devices for obtaining body fluid samples; home or portable monitors for monitoring a wide variety of physical conditions and diseases; patient medical monitors for monitoring a wide variety of physical conditions and diseasesClass 010 for Medical devices, namely, portable biomonitoring devices for monitoring blood pressure, pulse, heart rate, respiration, blood oxygen, blood glucose, blood composition, cholesterol, temperature and weight; medical devices, namely apparatus for laboratory analysis of body fluids and tissue; medical devices, namely, point of care and handheld devices for analysis of drugs, proteins and other substances, and wireless transfer of medical data; medical measuring apparatus, namely, equipment for medical monitoring and analysis of body fluids and tissue; medical measuring apparatus, namely, cartridges for use with therapies or equipment for medical monitoring and analysis of substances; apparatus for blood analysis; apparatus for taking blood samples; blood testing apparatus; apparatus for clinical diagnosis; capillary reagent tubes; capillary tubes for blood; capillary tubes for samples; containers especially made for processing blood samples; containers for medical waste; devices for monitoring blood sugar; diagnostic apparatus for the detection of a wide variety of diseases; health monitoring devices, namely, personal medical monitors of blood pressure, pulse, heart rate, respiration, blood oxygen, blood glucose, blood composition, cholesterol, temperature and weight, for monitoring a wide variety of physical conditions and diseases; medical diagnostics apparatus for diagnosing a wide variety of physical conditions and diseases; medical apparatus and instruments for monitoring blood properties; medical devices for obtaining body fluid samples; patient medical monitors for monitoring a wide variety of physical conditions and diseases
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Administering pharmacy reimbursement programs and services; administration of patient reimbursement programs; billing; compiling of information into computer databases; management and compilation of computerized databases; medical referrals; physician referrals; medical billing support services; providing an internet-based database of patient medical information designed to facilitate sharing and maintenance of patient medical information between and amongst the patient, insurers and healthcare professionals providing services to the patient; providing an internet-based system for confirming patient identity, eligibility and authorization for health insurance or medicare/medicaid services
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Administering pharmacy reimbursement programs and services; administration of patient reimbursement programs; billing; compiling of information into computer databases; management and compilation of computerized databases; medical referrals; physician referrals; medical billing support services; providing an internet-based database of patient medical information designed to facilitate sharing and maintenance of patient medical information between and amongst the patient, insurers and healthcare professionals providing services to the patient; providing an internet-based database of patient medical information designed to facilitate patient authorized, HIPAA-compliant sharing and maintenance of patient medical information between and amongst the patient and healthcare professionals providing services to the patient; providing an internet-based system for confirming patient identity, eligibility and authorization for health insurance or medicare/medicaid servicesClass 035 for Administering pharmacy reimbursement programs and services; administration of patient reimbursement programs; billing; compiling of information into computer databases; management and compilation of computerized databases; medical referrals; physician referrals; medical billing support services; providing an internet-based database of patient medical information designed to facilitate patient authorized, HIPAA-compliant sharing and maintenance of patient medical information between and amongst the patient and healthcare professionals providing services to the patient
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Medical and scientific research services in the fields of blood analysis health care and health care monitoring; pharmaceutical research services; pharmaceutical research and development; blood analysis services; chemical laboratories; consulting services in the fields of biotechnology, pharmaceutical research and development, laboratory testing, diagnostics, and pharmacogenetics; genetic testing of laboratory animals for research purposes; biological research; biomedical research; laboratory research in the field of chemistry, biochemistry, biology, health and medicine; laboratory services, namely, pigment and color analysis; laboratory services, namely, imaging core lab services; medical laboratories; medical laboratory services; providing laboratory research services in the field of gene expression, namely, cancer biology; rental of laboratory apparatus and instruments; scientific laboratory services; providing a web site featuring technology that enables patients, physicians and other healthcare providers to generate, manage and exchange medical information; Software as a Service (SaaS) for medical and disease analysis
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Medical and scientific research services in the fields of blood analysis health care and health care monitoring; pharmaceutical research services; pharmaceutical research and development; blood analysis services; chemical laboratories; consulting services in the fields of biotechnology, pharmaceutical research and development, laboratory testing, diagnostics, and pharmacogenetics; genetic testing of laboratory animals for research purposes; biological research; biomedical research; laboratory research in the field of chemistry, biochemistry, biology, health and medicine; laboratory services, namely, pigment and color analysis; laboratory services, namely, imaging core lab services; medical laboratories; medical laboratory services; providing laboratory research services in the field of gene expression, namely, cancer biology; rental of laboratory apparatus and instruments; scientific laboratory services; providing a web site featuring technology that enables patients, physicians and other healthcare providers to generate, manage and exchange medical information; Software as a Service (SaaS) for medical and disease analysis; Software as a Service (SaaS) featuring software for use in database management of patient medical information in the field of medical and disease analysisClass 042 for Medical and scientific research services in the fields of blood analysis health care and health care monitoring; pharmaceutical research services; pharmaceutical research and development; blood analysis services; chemical laboratories; consulting services in the fields of biotechnology, pharmaceutical research and development, laboratory testing, diagnostics, and pharmacogenetics; genetic testing of laboratory animals for research purposes; biological research; biomedical research; laboratory research in the field of chemistry, biochemistry, biology, health and medicine; laboratory services, namely, pigment and color analysis; laboratory services, namely, imaging core lab services; medical laboratories; medical laboratory services; providing laboratory research services in the field of gene expression, namely, cancer biology; rental of laboratory apparatus and instruments; scientific laboratory services; providing a web site featuring technology that enables patients, physicians and other healthcare providers to generate, manage and exchange medical information; Software as a Service (SaaS) featuring software for use in database management of patient medical information in the field of medical and disease analysis
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical evaluation services; medical evaluation services, namely, assessment of patients undergoing medical treatment; medical monitoring services; medical monitoring services, namely, monitoring the efficacy of therapy and total patient or consumer health; medical diagnostic testing, monitoring and reporting services; collection and preservation of human and animal blood; consulting services in the field of health; consulting services in the field of diagnostic medical testing; consulting services in the fields of health and healthcare; drug use testing services; drug, alcohol and DNA screening for medical purposes; health assessment services; health care; maintaining patient medical records and files; medical counseling; medical information; medical screening; medical services; medical testing for diagnostic or treatment purposes; providing information in the field of pet health; pet hospital services; providing a web site featuring medical information; providing a website featuring health and healthcare information; internet-based health care information services; providing health information; providing healthcare information; rental of medical equipment; veterinary special services; medical and veterinary services; biomedical services; advisory, consultative and telephone helpline services relating to the use of apparatus, instruments and test kits diagnostic testing, self testing, self monitoring and testing for adverse drug reactions
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Medical evaluation services; Medical evaluation services, namely, identifying, quantifying or monitoring a wide variety of physical conditions, traits and diseases; medical evaluation services, namely, assessment of patients undergoing medical treatment; medical monitoring services; medical monitoring services, namely, monitoring the efficacy of therapy and total patient or consumer health; medical diagnostic testing, monitoring and reporting services; collection and preservation of human and animal blood; consulting services in the field of health; consulting services in the field of diagnostic medical testing; consulting services in the fields of health and healthcare; drug use testing services; drug, alcohol and DNA screening for medical purposes; health assessment services; health assessment services, namely detection of a wide variety of diseases and physical conditions; health care; maintaining patient medical records and files; medical counseling; medical information; medical screening; medical services; medical testing for diagnostic or treatment purposes; providing information in the field of pet health; pet hospital services; providing a web site featuring medical information; providing a website featuring health and healthcare information; internet-based health care information services; providing health information; providing healthcare information; rental of medical equipment; veterinary special services; veterinary special services, namely medical diagnostic services, healthcare management services, and emergency and trauma services, all for animals; medical and veterinary services; biomedical services; advisory, consultative and telephone helpline services relating to the use of apparatus, instruments and test kits diagnostic testing, self testing, self monitoring and testing for adverse drug reactionsClass 044 for Medical evaluation services, namely, identifying, quantifying or monitoring a wide variety of physical conditions, traits and diseases; medical evaluation services, namely, assessment of patients undergoing medical treatment; medical monitoring services; medical monitoring services, namely, monitoring the efficacy of therapy and total patient or consumer health; medical diagnostic testing, monitoring and reporting services; collection and preservation of human and animal blood; consulting services in the field of health; consulting services in the field of diagnostic medical testing; consulting services in the fields of health and healthcare; drug use testing services; drug, alcohol and DNA screening for medical purposes; health assessment services, namely detection of a wide variety of diseases and physical conditions; health care; maintaining patient medical records and files; medical counseling; medical information; medical screening; medical services; medical testing for diagnostic or treatment purposes; providing information in the field of pet health; pet hospital services; providing a web site featuring medical information; providing a website featuring health and healthcare information; internet-based health care information services; providing health information; providing healthcare information; rental of medical equipment; veterinary special services, namely medical diagnostic services, healthcare management services, and emergency and trauma services, all for animals; medical and veterinary services
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.

SIGNATURE(S)
Response Signature
Signature: /sabel/     Date: 03/26/2014
Signatory's Name: Sally M. Abel, Esq.
Signatory's Position: Attorney for Applicant, CA bar member

Signatory's Phone Number: (650) 988-8500

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: 85960709
Internet Transmission Date: Wed Mar 26 19:35:10 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201403261935100
30561-85960709-50058de988210dd6d79842a74
6f9cdfdb428b771a59f85a9e9887d3a9c55fc188
-N/A-N/A-20140326193405364409