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. 87693419 CAREONE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87693419/large) has been amended as follows:

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

The Examining Attorney has cited CARE ONE Reg. No. 2952342 against this application.  Certain goods in International Class 5 have been assigned to the Applicant pursuant to the partial assignment agreement recorded with the Assignment Branch at Reel/Frame No. 6313/0171 on April 10, 2018.  S&S Brands, LLC filed a request to divide the registration on May 4, 2018, and subsequently filed a surrender of the registration with respect to all goods in International Class 3, including all dental preparations.

EVIDENCE
Evidence in the nature of Request to Divide, Surrender has been attached.
Original PDF file:
evi_241046894-20180803132303951480_._A6485914.PDF
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_241046894-20180803132303951480_._A6485915.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for devices for monitoring blood glucose for medical purposes; thermometers for medical purposes, dropper bottles for administering medication, sold empty; external nasal dilators; finger guards for medical purposes; medical syringes; mouth guards for medical purposes; pill and tablet cutters and crushers; sanitary masks for medical purposes; splints; support bandages; therapeutic hot and cold therapy packs, dental picks, dental mirrors, tongue scraper, orthotics for feet, medical ice pack, orthopedic braces, ear plugs for noise reduction, ear wash device, blood pressure monitor, gloves for medical purposes, pulse oximeter
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: devices for monitoring blood glucose for medical purposes; thermometers for medical purposes, dropper bottles for administering medication, sold empty; external nasal dilators; finger guards for medical purposes; medical syringes; mouth guards for medical purposes; pill and tablet cutters and crushers; sanitary masks for medical purposes; splints; support bandages; therapeutic hot and cold therapy packs, dental picks, dental mirrors, tongue scraper, orthotics for feet, medical ice pack, orthopedic braces, ear plugs for noise reduction, ear wash device, blood pressure monitor, gloves for medical purposes, pulse oximeter; therapeutic hot and cold therapy packs; dental picks; dental mirrors; tongue scraper; orthotics for feet; medical ice pack; orthopedic braces; ear plugs for noise reduction; medical apparatus, namely, an ear wash device in the nature of a container to be filled with appropriate fluid by the user for flushing ear wax from the ear; blood pressure monitor; gloves for medical purposes; pulse oximeterClass 010 for devices for monitoring blood glucose for medical purposes; thermometers for medical purposes, dropper bottles for administering medication, sold empty; external nasal dilators; finger guards for medical purposes; medical syringes; mouth guards for medical purposes; pill and tablet cutters and crushers; sanitary masks for medical purposes; splints; support bandages; therapeutic hot and cold therapy packs; dental picks; dental mirrors; tongue scraper; orthotics for feet; medical ice pack; orthopedic braces; ear plugs for noise reduction; medical apparatus, namely, an ear wash device in the nature of a container to be filled with appropriate fluid by the user for flushing ear wax from the ear; blood pressure monitor; gloves for medical purposes; pulse oximeter
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 021 for disposable gloves for home use; toothbrushes; spray bottles sold empty; dental floss; personal dispensers for pills or capsules for domestic use; pill boxes for personal use; polishing cloths; teeth whitening trays sold empty; toothbrush replacement heads for electric toothbrushes; disposable sanitary toothbrush covers
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: disposable gloves for home use; toothbrushes; spray bottles sold empty; dental floss; personal dispensers for pills or capsules for domestic use; pill boxes for personal use; polishing cloths; teeth whitening trays sold empty; toothbrush replacement heads for electric toothbrushes; disposable sanitary toothbrush covers; disposable sanitary toothbrush head coversClass 021 for disposable gloves for home use; toothbrushes; spray bottles sold empty; dental floss; personal dispensers for pills or capsules for domestic use; pill boxes for personal use; polishing cloths; teeth whitening trays sold empty; toothbrush replacement heads for electric toothbrushes; disposable sanitary toothbrush head covers
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: /Lois B. Duquette/     Date: 08/03/2018
Signatory's Name: Lois B. Duquette
Signatory's Position: Attorney of Record, Pennsylvania bar member

Signatory's Phone Number: 717-237-5458

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: 87693419
Internet Transmission Date: Fri Aug 03 15:57:06 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20180803155706510
249-87693419-610a129d88df4f67e692dffd45e
da78c2c4d680b6498b881843f3d2d6f99c945e-N
/A-N/A-20180803132303951480