TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87429970

Filing Date: 04/28/2017

To the Commissioner for Trademarks:

MARK: HUMMINGBIRD (stylized and/or with design, see mark)

The literal element of the mark consists of HUMMINGBIRD.
The applicant is not claiming color as a feature of the mark. The mark consists of a stylized line drawing of a right-facing hummingbird with an elongated tail with the word "hummingbird" directly below the line drawing.
The applicant, CPI Programs, LLC, a limited liability company legally organized under the laws of Louisiana, having an address of
      Suite 300
      643 Magazine Street
      New Orleans, Louisiana 70130
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 044:  Electronic health record services, namely, providing a web-based system for creation and management of electronic medical records (EMR) and EMR systems by health care providers allowing health care providers to view and to update patient medical information in patients' records

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/01/2013, and first used in commerce at least as early as 03/01/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of Applicant's website discussing its web-based system and user log-in page showing use of the mark in commerce.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-1-9817256183-20170425143456255185_._Hummingbird_Logo.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 042:  Software as a service (SAAS) services featuring software for use in managing and integrating the clinical and business operations of hospices and palliative care providers and home health agencies, namely, patient and financial database management, referral and admissions tracking, electronic billing and claims management, electronic health records, electronic prescribing, document management systems for patient care plans, visit notes, charting and care documentation, and creation of administrative and financial reports; Software as a service (SAAS) services, namely, hosting software for use by others for use in managing and integrating the clinical and business operations of hospices and palliative care providers and home health agencies, namely, patient and financial database management, referral and admissions tracking, electronic billing and claims management, electronic health records, electronic prescribing, document management systems for patient care plans, visit notes, charting and care documentation, and creation of administrative and financial reports

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/01/2013, and first used in commerce at least as early as 03/01/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Printout of Applicant's website discussing its software showing use of the mark in commerce.

Original PDF file:
SPE0-9817256183-20170425143456255185_._Hummingbird_Logo.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5036845, 5018229, and 5036846.

The applicant's current Attorney Information:
      Marie Breaux and Adriano Pacifici of M Breaux Intellectual Property Law
      Suite 418
      700 Camp Street
      New Orleans, Louisiana 70130
      United States
      504-975-1462(phone)
      504-324-0768(fax)
      marie@mbipl.com (authorized)

The applicant's current Correspondence Information:

Marie Breaux

M Breaux Intellectual Property Law

Suite 418       700 Camp Street

New Orleans, Louisiana 70130

504-975-1462(phone)

504-324-0768(fax)

marie@mbipl.com;adriano@mbipl.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and The facts set forth in the application are true. If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /MBreaux/   Date: 04/28/2017
Signatory's Name: Marie Breaux
Signatory's Position: Attorney of Record, Louisiana bar member
Payment Sale Number: 87429970
Payment Accounting Date: 05/01/2017

Serial Number: 87429970
Internet Transmission Date: Fri Apr 28 14:49:51 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2017042814495110
7501-87429970-5801da43e241fa8d3b5eb83f2d
44fa6efbdcfda24f8c766d0ce222af3dcad1c3d5
4-CC-1267-20170428144743101753