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. 86347456 VICKS(Standard Characters, see http://uspto.report/TM/86347456/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 009 for computer application software for mobile phones, namely, software for taking body temperature readings for purposes of determining presence of and managing fever; storage of a digital profile documenting temperature readings and individual health symptoms
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 application software for mobile phones, namely, software for taking body temperature readings for purposes of determining presence of and managing fever; computer application software for mobile phones, namely, software for taking body temperature readings for purposes of determining presence of and managing fever which allows users to store digital profiles of temperature readings and individual health symptoms on their smart phones; storage of a digital profile documenting temperature readings and individual health symptomsClass 009 for computer application software for mobile phones, namely, software for taking body temperature readings for purposes of determining presence of and managing fever which allows users to store digital profiles of temperature readings and individual health symptoms on their smart phones
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SARAH TOPY
THE PROCTER & GAMBLE COMPANY
299 E 6TH ST
CINCINNATI
Ohio (OH)
US
45202-3216

Proposed:
SARAH TOPY of THE PROCTER & GAMBLE COMPANY, having an address of
C-9 Health Care TM One Procter & Gamble Plaza CINCINNATI, Ohio 45202-3216
United States
pgtrademarks.im@pg.com
513-983-2798
The docket/reference number is TM-000001/US .



SIGNATURE(S)
Response Signature
Signature: /atan/     Date: 11/03/2014
Signatory's Name: Alison Tan
Signatory's Position: Attorney for applicant, New York bar member

Signatory's Phone Number: 513-983-2798

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.

Mailing Address:    SARAH TOPY
   THE PROCTER & GAMBLE COMPANY
   C-9 Health Care TM
   One Procter & Gamble Plaza
   CINCINNATI, Ohio 45202-3216
        
Serial Number: 86347456
Internet Transmission Date: Mon Nov 03 11:46:25 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201411031146258
92700-86347456-500595f5f23892e2765fc1f42
472a613ec9bd3dad8723da222baae7c92c971a3-
N/A-N/A-20141103111722335210