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. 88013498 PATHFINDER(Standard Characters, see http://uspto.report/TM/88013498/mark.png) has been amended as follows:

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

This is written response to the Office Action of October 16, 2018 wherein the Examining Attorney indicated that her search of Office records found no applications or registrations which would preclude registration of the subject mark.  The Examining Attorney did, however, advise that the identification of services as filed could conceivably be classified in a total of four (4) International Classes.  Applicant was therefore requested to amend the identification of services and pay one or more classification fees if more than two (2) classes were to be maintained.

Further to the above amendment, Applicant has restricted the identification of services to those within International Classes 41 and 42.  Therefore, no additional fees are required.

Applicant respectfully requests that the amendments set forth herein be entered and the subject application approved for publication.  Such favorable action is earnestly solicited.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, non-downloadable videos, manuals of instruction and training platforms provided over the Internet for use in connection with the operation and maintenance of life and health safety systems for the elderly, disabled or infirm
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: Educational services, namely, non-downloadable videos, manuals of instruction and training platforms provided over the Internet for use in connection with the operation and maintenance of life and health safety systems for the elderly, disabled or infirm; Educational services, namely, non-downloadable videos, manuals of instruction and training platforms in the nature of classes, seminars, workshops provided over the Internet for use in connection with the operation and maintenance of life and health safety systems for the elderly, disabled or infirmClass 041 for Educational services, namely, non-downloadable videos, manuals of instruction and training platforms in the nature of classes, seminars, workshops provided over the Internet for use in connection with the operation and maintenance of life and health safety systems for the elderly, disabled or infirm
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 Providing an internet website portal featuring information in the field of the operation and maintenance of life and health safety systems for the elderly, disabled or infirm
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: Providing an internet website portal featuring information in the field of the operation and maintenance of life and health safety systems for the elderly, disabled or infirm; Providing an internet website portal featuring information in the field technology that enables users to enter, access, track, monitor and generate health and medical information and reports regarding the operation of life and health safety systems for the elderly, disabled or infirmClass 042 for Providing an internet website portal featuring information in the field technology that enables users to enter, access, track, monitor and generate health and medical information and reports regarding the operation of life and health safety systems for the elderly, disabled or infirm
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: /David L. Sigalow/     Date: 04/01/2019
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney for Applicant, Florida Bar Member

Signatory's Phone Number: 407-841-2330

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: 88013498
Internet Transmission Date: Mon Apr 01 13:26:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019040113262270
5664-88013498-6206fb3d9a7a6c9cbbf70197ea
1d1cc8868b0ec8b6979926fb17da71854f92d1b-
N/A-N/A-20190401132021385196