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 07/31/2017)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87077093 EVERSENSE (Stylized and/or with Design, see http://uspto.report/TM/87077093/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of .PDF of argument and response has been attached.
Original PDF file:
evi_642521097-20170221105221845490_._OAR_EVERSENSE_Logo_IC42.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Cloud computing featuring computer application software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels; computer software for recording, analyzing, reporting and managing patient health and medical information; cloud computing featuring computer application software; cloud computing featuring computer application software for third parties to access patient glucose levels and patient health and medical information; cloud computing featuring computer application software for recording, analyzing, reporting and managing patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for third parties to access patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels, related glucose level data and patient health and medical information; Software as a service (SaaS) services featuring software for recording, analyzing, reporting and managing patient health and medical 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: Cloud computing featuring computer application software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels; providing temporary use of on-line non-downloadable computer software for recording, analyzing, reporting and managing patient health and medical information; cloud computing featuring computer application software; computer software for recording, analyzing, reporting and managing patient health and medical information; cloud computing featuring computer application software for third parties to access patient glucose levels and patient health and medical information; cloud computing featuring computer application software for recording, analyzing, reporting and managing patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for third parties to access patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels, related glucose level data and patient health and medical information; Software as a service (SaaS) services featuring software for recording, analyzing, reporting and managing patient health and medical informationClass 042 for Cloud computing featuring computer application software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels; providing temporary use of on-line non-downloadable computer software for recording, analyzing, reporting and managing patient health and medical information; computer software for recording, analyzing, reporting and managing patient health and medical information; cloud computing featuring computer application software for third parties to access patient glucose levels and patient health and medical information; cloud computing featuring computer application software for recording, analyzing, reporting and managing patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for third parties to access patient glucose levels and patient health and medical information; Software as a service (SaaS) services featuring software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analyzing, reporting and managing patient glucose levels, related glucose level data and patient health and medical information; Software as a service (SaaS) services featuring software for recording, analyzing, reporting and managing patient health and medical 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.

SIGNATURE(S)
Response Signature
Signature: /R.J. Heher/     Date: 02/21/2017
Signatory's Name: RJ Heher, Esq.
Signatory's Position: Attorney of Record, California State Bar Member

Signatory's Phone Number: (415) 875-2329

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: 87077093
Internet Transmission Date: Tue Feb 21 14:10:54 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20170221141054336
995-87077093-5805f31982e724f49a2d91f1f26
c4763901527436e5771ee32132d4133397e2b85-
N/A-N/A-20170221105221845490