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. 87656219 FLATIRON(Standard Characters, see http://uspto.report/TM/87656219/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

SECTION 2(d) LIKELIHOOD OF CONFUSION REFUSAL Applicant has amended the identification of goods to further distinguish its mark from the cited registrations and show that the goods and services are not commercially related and therefore not likely to be encountered together in the marketplace by consumers. Applicant submits, therefore, that consumers are not likely to be confused and mistakenly believe that the goods and services originate from a common source. REQUEST FOR INFORMATION REGARDING GOODS Applicant is currently in the research and development phase with the goods and services corresponding to its subject mark, and therefore does not have any product information available for release in the public domain. Further, applicant is not aware of any goods or services of the same type, so applicant is also unable to submit similar documentation for goods or services of the same type. Applicant did, however, file US Patent Application Number 15/872,797 with the USPTO on January 16, 2018. This application describes the technology underlying the goods and services corresponding to its subject mark. This application was filed with a Non-Publication Request Under 35 USC 122(b)(2)(B)(i), so it is not yet in the public domain.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, aggregating claims of subscribing providers, and factoring claims; Computer services, namely, matching claim portfolios with fund sources; Computer services, namely, hosting electronic facilities for facilitating the sale of accounts receivable via computer and communication networks; Providing online marketplaces for sellers and buyers of healthcare-related accounts receivable; Providing online facilities for determining compatibility and connecting compatible healthcare providers with financial companies; Computer services, namely, hosting electronic facilities for registered service providers for organizing, distributing, and matching information of accounts receivable via communication networks; Computer services, namely, hosting electronic facilities for registered users for creating and sharing information of insurance accounts receivable, and determining compatibility between insurance accounts receivable and financiers; Application service provider (ASP) services, namely, hosting computer software applications of others; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, posting, displaying, linking, modifying, sharing or otherwise providing electronic media or information over communication networks; Providing information from searchable indexes and databases of information, including text, electronic documents, and databases, by means of computer and communication networks; Providing temporary use of non-downloadable software applications for matching services, and transmission of text, graphics and data; Computer services, namely, providing search engines for obtaining data on a global computer and communication networks; Providing non-downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks; Providing online facilities featuring information for healthcare providers in the field of account receivable financing
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 services, namely, aggregating claims of subscribing providers, and factoring claims; Hosting online web facilities for others for determining compatibility and connecting compatible healthcare providers with capital lenders; Computer services, namely, matching claim portfolios with fund sources; Hosting online web facilities for healthcare providers for the purpose of providing information in the field of accounts receivable factoring.; Computer services, namely, hosting electronic facilities for facilitating the sale of accounts receivable via computer and communication networks; Providing online marketplaces for sellers and buyers of healthcare-related accounts receivable; Providing online facilities for determining compatibility and connecting compatible healthcare providers with financial companies; Computer services, namely, hosting electronic facilities for registered service providers for organizing, distributing, and matching information of accounts receivable via communication networks; Computer services, namely, hosting electronic facilities for registered users for creating and sharing information of insurance accounts receivable, and determining compatibility between insurance accounts receivable and financiers; Application service provider (ASP) services, namely, hosting computer software applications of others; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, posting, displaying, linking, modifying, sharing or otherwise providing electronic media or information over communication networks; Providing information from searchable indexes and databases of information, including text, electronic documents, and databases, by means of computer and communication networks; Providing temporary use of non-downloadable software applications for matching services, and transmission of text, graphics and data; Computer services, namely, providing search engines for obtaining data on a global computer and communication networks; Providing non-downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks; Providing online facilities featuring information for healthcare providers in the field of account receivable financingClass 042 for Hosting online web facilities for others for determining compatibility and connecting compatible healthcare providers with capital lenders; Hosting online web facilities for healthcare providers for the purpose of providing information in the field of accounts receivable factoring.
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: /Rick Gregory/     Date: 08/06/2018
Signatory's Name: Rick Gregory
Signatory's Position: Attorney of record

Signatory's Phone Number: 408-821-8080

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: 87656219
Internet Transmission Date: Mon Aug 06 12:06:19 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2018080612061925
7364-87656219-6104894922636b1f5dfa71ea65
73dafbf19a9ed0417f689b38dfbe9d84e7f61c-N
/A-N/A-20180806120236159005