TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88108791 HRS(Standard Characters, see http://uspto.report/TM/88108791/mark.png) has been amended as follows:

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

The Final Office Action of June 7, 2019, continues the objection based on US Reg. No. 4339605 ("the '605 Registration). The '605 registration is for HRS in the following services under Class 35: "Promoting public awareness of cardiac arrhythmia and heart disorders; Association services, namely, promoting interests of those with cardiac arrhythmia and heart disorders; business consulting services, namely, providing business evaluation, assessment, research, recommendation and advisory services to others, namely, physicians, hospitals, clinics, and health care facilities, in the field of cardiology, cardiac arrhythmia and heart disorders." The Applicant sought registration of HRS in both Classes 35 and 44. In conjunction with this response, the Applicant is amending its application to drop Class 35 in its entirety. For Class 44, it is amending its description to list merely "physical therapy." In sum, the '605 Registration for HRS in Class 35 is for promoting public awareness or certain heart disorders and business consulting related to these heart disorders. Whereas, with this amendment, the Applicant's services are merely for physical therapy. As such, the areas of service are now very different, in different channels of commerce and any likelihood of confusion is removed. As such, the Applicant respectfully requests for the Examining Attorney to withdraw the Section 2(d) refusal and permit the application to be published for opposition. /Robert C. Lukes/ Counsel for Applicant

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Advisory services relating to business management and business operations; Business marketing consulting services; Business strategy development services; Professional credentialing verification services in the field of healthcare, namely, verifying the skills and knowledge of licensed professionals on behalf of others

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Physical therapy; Medical, physical rehabilitation and physical therapy services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/06/2018 and first used in commerce at least as early as 09/06/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Physical therapy; Medical, physical rehabilitation and physical therapy servicesClass 044 for Physical therapy
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/06/2018 and first used in commerce at least as early as 09/06/2018 , and is now in use in such commerce.
The applicant's current attorney information: Robert C. Lukes. Robert C. Lukes of GARLINGTON, LOHN & ROBINSON, PLLP, is located at

      350 RYMAN ST., PO BOX 7909
      MISSOULA, Montana 59807
      US
The docket/reference number is 13625-001.

The phone number is 406-523-2500.

The fax number is 406-523-2595.

The email address is rclukes@garlington.com

The applicants proposed attorney information: Robert C. Lukes. Robert C. Lukes of GARLINGTON, LOHN & ROBINSON, PLLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      350 RYMAN ST., PO BOX 7909
      MISSOULA, Montana 59807
      United States
The docket/reference number is 13625-001.

The phone number is 406-523-2500.

The fax number is 406-523-2595.

The email address is rclukes@garlington.com

Robert C. Lukes submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ROBERT C. LUKES. ROBERT C. LUKES of GARLINGTON, LOHN & ROBINSON, PLLP, is located at

      350 RYMAN ST., PO BOX 7909
      MISSOULA, Montana 59807
      US
The docket/reference number is 13625-001.

The phone number is 406-523-2500.

The fax number is 406-523-2595.

The email address is rclukes@garlington.com; uspto@garlington.com

The applicants proposed correspondence information: Robert C. Lukes. Robert C. Lukes of GARLINGTON, LOHN & ROBINSON, PLLP, is located at

      350 RYMAN ST., PO BOX 7909
      MISSOULA, Montana 59807
      United States
The docket/reference number is 13625-001.

The phone number is 406-523-2500.

The fax number is 406-523-2595.

The email address is rclukes@garlington.com; uspto@garlington.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Robert C. Lukes/     Date: 11/26/2019
Signatory's Name: Robert C. Lukes
Signatory's Position: attorney of record, Montana state bar

Signatory's Phone Number: 4065232500

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    ROBERT C. LUKES
   GARLINGTON, LOHN & ROBINSON, PLLP
   
   350 RYMAN ST., PO BOX 7909
   MISSOULA, Montana 59807
Mailing Address:    Robert C. Lukes
   GARLINGTON, LOHN & ROBINSON, PLLP
   350 RYMAN ST., PO BOX 7909
   MISSOULA, Montana 59807
        
Serial Number: 88108791
Internet Transmission Date: Tue Nov 26 11:04:00 EST 2019
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2019112611040002
7342-88108791-700eb8efd1e8584e9fd5aeadc6
c5d5c6a40bb3025e87f8627d97021b688f357fc-
N/A-N/A-20191126104734878660