Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86895717 PHILIPS(Standard Characters, see http://uspto.report/TM/86895717/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 software, namely software for mobile applications on electronic devices for transmitting data from personal health measurement and monitoring devices for physiological parameters namely, blood pressure, blood properties, lung function, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned; Software for use in the field of healthcare and personal health and wellness for facilitating the capturing, combining, connecting, and analysis of personal health data, physiological parameters, and vital sign health information and software for facilitating the coaching of a user; Software interfaces for use with personal health measurement and monitoring devices, namely devices for physiological parameters; Personal health measurement devices, namely wearable computers in the shape of wrist bands, health bands, wristwatches, and smartwatches for analyzing and transmitting contextual data, personal health data, vital sign information, and physiological parameters, namely, blood pressure, blood properties, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned to smartphones, tablet computers, and computer terminals through internet websites and other computer and electronic communication networks; electronic display modules, namely, touch screens for wearable mobile computers; weighing scales, thermometers, not for medical purposes; Wireless communication devices for voice, data and image transmission, namely, smartphones and tablet computers; Downloadable computer software, namely, software for recording and tracking health data; apparatus for data storage, namely, blank flash drives; electronic apparatus with multimedia and interactive functions, namely, smartphones and wearable computers, and electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking stations, and adapters, all for use with all of the aforesaid goods; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods, namely, USB cables; covers, bags and cases adapted or shaped to contain all of the aforesaid goods; thermometers, namely, in-ear thermometers not for medical purposes
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, namely software for mobile applications on electronic devices for transmitting data from personal health measurement and monitoring devices for physiological parameters namely, blood pressure, blood properties, lung function, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned; Software for use in the field of healthcare and personal health and wellness for facilitating the capturing, combining, connecting, and analysis of personal health data, physiological parameters, and vital sign health information and software for facilitating the coaching of a user; Software interfaces for use with personal health measurement and monitoring devices, namely devices for physiological parameters; Personal health measurement devices, namely wearable computers in the shape of wrist bands, health bands, wristwatches, and smartwatches for analyzing and transmitting contextual data, personal health data, vital sign information, and physiological parameters, namely, blood pressure, blood properties, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned to smartphones, tablet computers, and computer terminals through internet websites and other computer and electronic communication networks; electronic display modules, namely, touch screens for wearable mobile computers; electronic display modules, namely, touch screens for wearable mobile computers and peripherals thereof; weighing scales, thermometers, not for medical purposes; Wireless communication devices for voice, data and image transmission, namely, smartphones and tablet computers; Downloadable computer software, namely, software for recording and tracking health data; apparatus for data storage, namely, blank flash drives; electronic apparatus with multimedia and interactive functions, namely, smartphones and wearable computers, and electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking stations, and adapters, all for use with all of the aforesaid goods; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods, namely, USB cables; covers, bags and cases adapted or shaped to contain all of the aforesaid goods; thermometers, namely, in-ear thermometers not for medical purposes; smart watches, namely, watches also featuring physiological parameter sensors and featuring a display screen and user interface for controlling sensors, entering data and receiving messages and notifications.Class 009 for Computer software, namely software for mobile applications on electronic devices for transmitting data from personal health measurement and monitoring devices for physiological parameters namely, blood pressure, blood properties, lung function, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned; Software for use in the field of healthcare and personal health and wellness for facilitating the capturing, combining, connecting, and analysis of personal health data, physiological parameters, and vital sign health information and software for facilitating the coaching of a user; Software interfaces for use with personal health measurement and monitoring devices, namely devices for physiological parameters; Personal health measurement devices, namely wearable computers in the shape of wrist bands, health bands, wristwatches, and smartwatches for analyzing and transmitting contextual data, personal health data, vital sign information, and physiological parameters, namely, blood pressure, blood properties, stress level, sleep parameters, respiratory events, heart rate, pulse rate, body temperature, weight, ultraviolet light exposure meters, activity levels, energy expenditure, and calories burned to smartphones, tablet computers, and computer terminals through internet websites and other computer and electronic communication networks; electronic display modules, namely, touch screens for wearable mobile computers and peripherals thereof; weighing scales, thermometers, not for medical purposes; Wireless communication devices for voice, data and image transmission, namely, smartphones and tablet computers; Downloadable computer software, namely, software for recording and tracking health data; apparatus for data storage, namely, blank flash drives; electronic apparatus with multimedia and interactive functions, namely, smartphones and wearable computers, and electrical and electronic connectors, couplers, wires, cables, chargers, docks, docking stations, and adapters, all for use with all of the aforesaid goods; accessories, parts, fittings, and testing apparatus for all of the aforesaid goods, namely, USB cables; covers, bags and cases adapted or shaped to contain all of the aforesaid goods; smart watches, namely, watches also featuring physiological parameter sensors and featuring a display screen and user interface for controlling sensors, entering data and receiving messages and notifications.
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 apparatus and instruments, namely, health, fitness, exercise, and wellness sensors, monitors and displays for measuring, displaying, tracking, monitoring, storing, and transmitting physiological parameters, vital signs, biometric data, heart rate, respiration rate, body movement, and calories burned; health monitoring devices consisting of blood pressure measuring apparatus, thermometers, namely in-ear thermometers for medical purposes, and activity monitors for medical purposes; thermometers for medical purposes
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 apparatus and instruments, namely, health, fitness, exercise, and wellness sensors, monitors and displays for measuring, displaying, tracking, monitoring, storing, and transmitting physiological parameters, vital signs, biometric data, heart rate, respiration rate, body movement, and calories burned; health monitoring devices consisting of blood pressure measuring apparatus, thermometers, namely in-ear thermometers for medical purposes, and activity monitors for medical purposes; thermometers for medical purposes; thermometers for medical purposes.Class 010 for Medical apparatus and instruments, namely, health, fitness, exercise, and wellness sensors, monitors and displays for measuring, displaying, tracking, monitoring, storing, and transmitting physiological parameters, vital signs, biometric data, heart rate, respiration rate, body movement, and calories burned; health monitoring devices consisting of blood pressure measuring apparatus, thermometers, namely in-ear thermometers for medical purposes, and activity monitors for medical purposes; thermometers for medical purposes.
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 014 for Horological and chronometric instruments; wrist watch bands; watches; timepieces; chronographs for use as timepieces; chronometers; watchstraps; cases for watches, and horological and chronometric instruments, namely, cases adapted for watches and horological and chronometric instruments; parts for watches, and horological and chronometric instruments; smart watches, namely, watches also featuring physiological parameter sensors and featuring a display screen and user interface for controlling sensors, entering data and receiving messages and notifications; watches incorporating a memory function
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: Horological and chronometric instruments; wrist watch bands; watches; timepieces; chronographs for use as timepieces; chronometers; watchstraps; cases for watches, and horological and chronometric instruments, namely, cases adapted for watches and horological and chronometric instruments; parts for watches, and horological and chronometric instruments; smart watches, namely, watches also featuring physiological parameter sensors and featuring a display screen and user interface for controlling sensors, entering data and receiving messages and notifications; watches incorporating a memory function.; watches incorporating a memory functionClass 014 for Horological and chronometric instruments; wrist watch bands; watches; timepieces; chronographs for use as timepieces; chronometers; watchstraps; cases for watches, and horological and chronometric instruments, namely, cases adapted for watches and horological and chronometric instruments; parts for watches, and horological and chronometric instruments; watches incorporating a memory function.
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 Healthcare and personal health and wellness data and database management services; all aforesaid services for facilitating the capturing, combining and connecting of healthcare and personal health and wellness data
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: Healthcare and personal health and wellness data and database management services; all aforesaid services for facilitating the capturing, combining and connecting of healthcare and personal health and wellness data; all aforesaid services for facilitating the capturing, combining and connecting of healthcare and personal health and wellness data.Class 035 for Healthcare and personal health and wellness data and database management services; all aforesaid services for facilitating the capturing, combining and connecting of healthcare and personal health and wellness data.
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 038 for Provision of access to the Internet in the field of personal health and wellness content, websites and portals whether or not in a global healthcare information and communication network; providing telecommunications access to healthcare data and databases whether on a computer or on the internet or on medical devices; Electronic data interchange and transmission services for personal health and wellness data and personal health and wellness information; all aforesaid services for facilitating the capturing, combining and connecting of personal health data
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: Provision of access to the Internet in the field of personal health and wellness content, websites and portals whether or not in a global healthcare information and communication network; providing telecommunications access to healthcare data and databases whether on a computer or on the internet or on medical devices; Electronic data interchange and transmission services for personal health and wellness data and personal health and wellness information; all aforesaid services for facilitating the capturing, combining and connecting of personal health data; all aforesaid services for facilitating the capturing, combining and connecting of personal health data.Class 038 for Provision of access to the Internet in the field of personal health and wellness content, websites and portals whether or not in a global healthcare information and communication network; providing telecommunications access to healthcare data and databases whether on a computer or on the internet or on medical devices; Electronic data interchange and transmission services for personal health and wellness data and personal health and wellness information; all aforesaid services for facilitating the capturing, combining and connecting of personal health data.
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 041 for Healthcare analysis service, namely, personal health coaching of a user and providing advice in the field of physical activity, sleep, stress, and nutrition, based on personal health data, physiological parameters, vital sign health information and contextual information
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: Healthcare analysis service, namely, personal health coaching of a user and providing advice in the field of physical activity, sleep, stress, and nutrition, based on personal health data, physiological parameters, vital sign health information and contextual information; Healthcare analysis service, namely, personal health coaching of a user and providing advice in the field of physical activity, namely, physical exercise, based on personal health data, physiological parameters, vital sign health information and contextual information.Class 041 for Healthcare analysis service, namely, personal health coaching of a user and providing advice in the field of physical activity, namely, physical exercise, based on personal health data, physiological parameters, vital sign health information and contextual information.
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 Scientific and technological services related to health and wellness, namely, scientific research in the field of health and wellness, and design and development of computer and wearable technology hardware and software for monitoring health and wellness; services for facilitating the capturing, combining and connecting of personal health data in a cloud or platform, namely, cloud hosting provider services, platform as a service featuring software platforms for capturing, combining, and connecting personal health data; medical testing and screening for scientific research purposes, within the framework of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not on-line by means of the Internet or a cloud-based digital healthcare platform
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: Scientific and technological services related to health and wellness, namely, scientific research in the field of health and wellness, and design and development of computer and wearable technology hardware and software for monitoring health and wellness; services for facilitating the capturing, combining and connecting of personal health data in a cloud or platform, namely, cloud hosting provider services, platform as a service featuring software platforms for capturing, combining, and connecting personal health data; medical testing and screening for scientific research purposes, within the framework of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not on-line by means of the Internet or a cloud-based digital healthcare platform; medical testing and screening for scientific research purposes, within the framework of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not on-line by means of the Internet or a cloud-based digital healthcare platform.Class 042 for Scientific and technological services related to health and wellness, namely, scientific research in the field of health and wellness, and design and development of computer and wearable technology hardware and software for monitoring health and wellness; services for facilitating the capturing, combining and connecting of personal health data in a cloud or platform, namely, cloud hosting provider services, platform as a service featuring software platforms for capturing, combining, and connecting personal health data; medical testing and screening for scientific research purposes, within the framework of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not on-line by means of the Internet or a cloud-based digital healthcare platform.
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 Provision of an Internet website portal in the field of personal health and wellness; healthcare analysis services, namely, making lifestyle suggestions and recommendations, namely, providing wellness information and advice in the fields of physical activity, nutrition, sleep and stress, based on personal health data, physiological parameters, vital sign health information and contextual information; Medical and healthcare services, namely, advice and consultancy in this field; professional healthcare services and medical testing and screening for diagnostic and treatment purposes, within the frame work of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not online by means of the internet or a cloud-based digital healthcare platform; all aforesaid services for facilitating the capturing, combining and connecting of health data delivered from personal health measurement devices and self-generated health data
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: Provision of an Internet website portal in the field of personal health and wellness; healthcare analysis services, namely, making lifestyle suggestions and recommendations, namely, providing wellness information and advice in the fields of physical activity, nutrition, sleep and stress, based on personal health data, physiological parameters, vital sign health information and contextual information; healthcare analysis services, namely, making lifestyle suggestions and recommendations, namely, providing wellness information and advice in the fields of physical rehabilitation and therapy, nutrition, sleep and stress, based on personal health data, physiological parameters, vital sign health information and contextual information; Medical and healthcare services, namely, advice and consultancy in this field; professional healthcare services and medical testing and screening for diagnostic and treatment purposes, within the frame work of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not online by means of the internet or a cloud-based digital healthcare platform; all aforesaid services for facilitating the capturing, combining and connecting of health data delivered from personal health measurement devices and self-generated health data; all aforesaid services for facilitating the capturing, combining and connecting of health data delivered from personal health measurement devices and self-generated health data.Class 044 for Provision of an Internet website portal in the field of personal health and wellness; healthcare analysis services, namely, making lifestyle suggestions and recommendations, namely, providing wellness information and advice in the fields of physical rehabilitation and therapy, nutrition, sleep and stress, based on personal health data, physiological parameters, vital sign health information and contextual information; Medical and healthcare services, namely, advice and consultancy in this field; professional healthcare services and medical testing and screening for diagnostic and treatment purposes, within the frame work of continuous personal health measurement and personal health monitoring, all aforesaid services provided whether or not online by means of the internet or a cloud-based digital healthcare platform; all aforesaid services for facilitating the capturing, combining and connecting of health data delivered from personal health measurement devices and self-generated health data.
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: KONINKLIJKE PHILIPS N.V. a(n) a public limited liability company, legally organized under the laws of Netherlands, having an address of
      High Tech Campus 5
      5656 AE Eindhoven,
      Netherlands

      XXXX (not authorized)
Proposed: KONINKLIJKE PHILIPS N.V., a public limited liability company legally organized under the laws of Netherlands, having an address of
      High Tech Campus 5
      Eindhoven, 5656 AE
      Netherlands
      XXXX (authorized)

SIGNATURE(S)
Response Signature
Signature: /Edward W. Goodman/     Date: 02/14/2019
Signatory's Name: Edward W. Goodman
Signatory's Position: Attorney of Record - NJ bar member

Signatory's Phone Number: (914) 495-9520

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86895717
Internet Transmission Date: Thu Feb 14 11:53:23 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201902141153230
14652-86895717-620e18c33e5fcf235b21d0e61
29d3aadd9540a284d6f947b13fb61e1570fdf62a
-N/A-N/A-20190214095137671791