Response to Office Action

BIO

White Rabbit e-Healthcare Solutions, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88010868
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK http://uspto.report/TM/88010868/mark.png
LITERAL ELEMENT BIO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_505910510-20190416183922718879_._White_Rabbit_Response_to_BIO_Office_Action.pdf
       CONVERTED PDF FILE(S)
       (18 pages)
\\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\880\108\88010868\xml4\ROA0019.JPG
DESCRIPTION OF EVIDENCE FILE Response to Examining Attorney office action in support of publication
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Downloadable application to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable application to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services; Downloadable software application to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FINAL DESCRIPTION
Downloadable software application to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(no change)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Non-downloadable software for users to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Non-downloadable software for users to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services; Providing temporary use of non-downloadable computer software for users to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FINAL DESCRIPTION
Providing temporary use of non-downloadable computer software for users to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Brian J. Focarino/
SIGNATORY'S NAME Brian J. Focarino
SIGNATORY'S POSITION Attorney of Record, California Bar Member
DATE SIGNED 04/16/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 16 18:42:29 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
190416184229519447-880108
68-620c58b11f6e9089e767f2
1dc1f020ba6401a3dcb1aa3df
9f5c738811f9f69-N/A-N/A-2
0190416183922718879



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. 88010868 BIO(Standard Characters, see http://uspto.report/TM/88010868/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Examining Attorney office action in support of publication has been attached.
Original PDF file:
evi_505910510-20190416183922718879_._White_Rabbit_Response_to_BIO_Office_Action.pdf
Converted PDF file(s) ( 18 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable application to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
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: Downloadable application to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services; Downloadable software application to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial servicesClass 009 for Downloadable software application to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
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 Non-downloadable software for users to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
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: Non-downloadable software for users to access, query, and receive data relevant to business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services; Providing temporary use of non-downloadable computer software for users to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial servicesClass 042 for Providing temporary use of non-downloadable computer software for users to access, query, and receive data of business activities and decisions in the fields of healthcare, life sciences, health diagnostics, pharmaceutical, medical technology, medical devices, and financial services
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: /Brian J. Focarino/     Date: 04/16/2019
Signatory's Name: Brian J. Focarino
Signatory's Position: Attorney of Record, California Bar Member

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: 88010868
Internet Transmission Date: Tue Apr 16 18:42:29 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190416184229519
447-88010868-620c58b11f6e9089e767f21dc1f
020ba6401a3dcb1aa3df9f5c738811f9f69-N/A-
N/A-20190416183922718879


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