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 |
88161426 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88161426/mark.png |
| LITERAL ELEMENT |
TEAM |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a box placed at the top upper left-hand corner with the box's border diagonally split near the center of the top and right
sides; to the lower right of the box is the stylized letters "TEAM". |
| OWNER SECTION (current) |
| NAME |
PERCEPTION HEALTH, INC. |
| MAILING ADDRESS |
1802 WILLIAMSON COURT, SUITE 200 |
| CITY |
BRENTWOOD |
| STATE |
Tennessee |
| ZIP/POSTAL CODE |
37027 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| OWNER SECTION (proposed) |
| NAME |
PERCEPTION HEALTH, INC. |
| MAILING ADDRESS |
1802 WILLIAMSON COURT, SUITE 200 |
| CITY |
BRENTWOOD |
| STATE |
Tennessee |
| ZIP/POSTAL CODE |
37027 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| EMAIL |
XXXX |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
This document is filed in response to the Office Action mailed July 15, 2020. Applicant submits that this Response places the Application in a
condition for registration. The only outstanding matter has to do with the specimen for Class 35. The Examining Attorney stated that the current specimen submitted with the Statement of Use for Class
35 is not acceptable. The specimen submitted by the Applicant for Class 35 shows the mark in actual use in commerce for the services identified in the Statement of Use as follows: Class 35:
Predictive analysis and physician referral services, namely, providing a criteria featuring statistical data on the performance of healthcare professionals for the purpose of assisting healthcare
networks in making physician selection decisions. The Examining Attorney stated that the "specimen does not show the provision of referral services" and that the specimen does not appear to provide
the consumers with "how advisory services are provided with that data". However, Applicant's services do not provide a "provision of referral services" and "advisory services" with the data of
tracking referrals. The purpose of Applicant's software for tracking referrals is to assist healthcare networks in making their physician selection decisions. Accordingly, Applicant provides
"physician referral services" to healthcare professionals in the field of predictive analysis. On the face of the specimen submitted for Class 35, the mark is repeatedly displayed in connection with
physician referral services as providing "visualize" referral patterns as follows: Visualize referrals. With at-a-glance visuals of the industry's most comprehensive and freshest claims data, the
TEAM(TM) platform will help you measure market share, identify growth opportunities, visualize referral patterns, ensure physician alignment, and grow your revenue. The TEAM(TM) platform includes the
following visualizations of your market activity Accordingly, Applicant's specimen for Class 35 shows the use of the mark "TEAM" and Design in connection with "Predictive analysis and physician
referral services, namely, providing a criteria featuring statistical data on the performance of healthcare professionals for the purpose of assisting healthcare networks in making physician
selection decisions". Additionally, Applicant includes and separately files a Declaration signed by Applicant setting forth that the specimen for Class 35 shows the mark in actual use in commerce for
the services identified in the statement of use. Applicant submits that this Response places the application in a condition for registration. However, if the Examining Attorney has any other concerns
or questions, it would be appreciated if they would telephone the undersigned. The Commissioner is authorized to charge any additional fees or credit any overpayment coincident to this Response and
Amendment to Deposit Account 23-0035. |
| MISCELLANEOUS FILE NAME(S) |
| ORIGINAL PDF FILE |
mis-122151790-20200825113
926849012_._2E61095-Decla ration_-_Response_019626.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\614\88161426\xml5\ ROA0002.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\881\614\88161426\xml5\ ROA0003.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\881\614\88161426\xml5\ ROA0004.JPG |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
Edward D Lanquist, Jr. |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
edl@iplawgroup.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
| DOCKET/REFERENCE NUMBER |
019626 |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
Edward D Lanquist, Jr. |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
edl@iplawgroup.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
| DOCKET/REFERENCE NUMBER |
019626 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Edward D Lanquist, Jr./ |
| SIGNATORY'S NAME |
Edward D Lanquist, Jr. |
| SIGNATORY'S POSITION |
Attorney of Record |
| SIGNATORY'S PHONE NUMBER |
6152422400 |
| DATE SIGNED |
08/25/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Aug 25 11:41:23 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
200825114123151483-881614
26-740cedb6b785d7b2f681cc
6f27681b3713f2d36cdba66e6
af1f19ac4d2ee2651-N/A-N/A
-20200825113926849012 |
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.
88161426 TEAM (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8816142 6/large) has been amended as follows:
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: PERCEPTION HEALTH, INC., a corporation of Delaware, having an address of
1802 WILLIAMSON COURT, SUITE 200
BRENTWOOD, Tennessee 37027
United States
Proposed: PERCEPTION HEALTH, INC., a corporation of Delaware, having an address of
1802 WILLIAMSON COURT, SUITE 200
BRENTWOOD, Tennessee 37027
United States
Email Address: XXXX
ADDITIONAL STATEMENTS
Miscellaneous Statement
This document is filed in response to the Office Action mailed July 15, 2020. Applicant submits that this Response places the Application in a condition for registration. The only outstanding matter
has to do with the specimen for Class 35. The Examining Attorney stated that the current specimen submitted with the Statement of Use for Class 35 is not acceptable. The specimen submitted by the
Applicant for Class 35 shows the mark in actual use in commerce for the services identified in the Statement of Use as follows: Class 35: Predictive analysis and physician referral services, namely,
providing a criteria featuring statistical data on the performance of healthcare professionals for the purpose of assisting healthcare networks in making physician selection decisions. The Examining
Attorney stated that the "specimen does not show the provision of referral services" and that the specimen does not appear to provide the consumers with "how advisory services are provided with that
data". However, Applicant's services do not provide a "provision of referral services" and "advisory services" with the data of tracking referrals. The purpose of Applicant's software for tracking
referrals is to assist healthcare networks in making their physician selection decisions. Accordingly, Applicant provides "physician referral services" to healthcare professionals in the field of
predictive analysis. On the face of the specimen submitted for Class 35, the mark is repeatedly displayed in connection with physician referral services as providing "visualize" referral patterns as
follows: Visualize referrals. With at-a-glance visuals of the industry's most comprehensive and freshest claims data, the TEAM(TM) platform will help you measure market share, identify growth
opportunities, visualize referral patterns, ensure physician alignment, and grow your revenue. The TEAM(TM) platform includes the following visualizations of your market activity Accordingly,
Applicant's specimen for Class 35 shows the use of the mark "TEAM" and Design in connection with "Predictive analysis and physician referral services, namely, providing a criteria featuring
statistical data on the performance of healthcare professionals for the purpose of assisting healthcare networks in making physician selection decisions". Additionally, Applicant includes and
separately files a Declaration signed by Applicant setting forth that the specimen for Class 35 shows the mark in actual use in commerce for the services identified in the statement of use. Applicant
submits that this Response places the application in a condition for registration. However, if the Examining Attorney has any other concerns or questions, it would be appreciated if they would
telephone the undersigned. The Commissioner is authorized to charge any additional fees or credit any overpayment coincident to this Response and Amendment to Deposit Account 23-0035.
Original PDF file:
mis-122151790-20200825113
926849012_._2E61095-Decla ration_-_Response_019626.pdf
Converted PDF file(s) ( 3 pages)
Miscellaneous File1Miscellaneous File2Miscellaneous File3
Correspondence Information (current):
Edward D Lanquist, Jr.
PRIMARY EMAIL FOR CORRESPONDENCE: edl@iplawgroup.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 019626.
Correspondence Information (proposed):
Edward D Lanquist, Jr.
PRIMARY EMAIL FOR CORRESPONDENCE: edl@iplawgroup.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 019626.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /Edward D Lanquist, Jr./ Date: 08/25/2020
Signatory's Name: Edward D Lanquist, Jr.
Signatory's Position: Attorney of Record
Signatory's Phone Number: 6152422400
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.
Mailing Address: Edward D Lanquist, Jr.
PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
SUITE 500
1600 DIVISION STREET
NASHVILLE, Tennessee 37203
Mailing Address: Edward D Lanquist, Jr.
PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
SUITE 500
1600 DIVISION STREET
NASHVILLE, Tennessee 37203
Serial Number: 88161426
Internet Transmission Date: Tue Aug 25 11:41:23 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200825114123151
483-88161426-740cedb6b785d7b2f681cc6f276
81b3713f2d36cdba66e6af1f19ac4d2ee2651-N/
A-N/A-20200825113926849012
