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. 88165977 PRIA(Standard Characters, see http://uspto.report/TM/88165977/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application for mobile devices and/or remote systems for maintaining personal health information, personal medication management, monitoring, device pairing and data transmission, receiving and/or providing health and wellness information, and communicating with external users and networks; health management application
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: Computer application for mobile devices and/or remote systems for maintaining personal health information, personal medication management, monitoring, device pairing and data transmission, receiving and/or providing health and wellness information, and communicating with external users and networks; Health management software, namely, a computer application for mobile devices and/or remote systems for maintaining personal health information, personal medication management, monitoring, device pairing and data transmission, receiving and/or providing health and wellness information, and communicating with external users and networks; health management applicationClass 009 for Health management software, namely, a computer application for mobile devices and/or remote systems for maintaining personal health information, personal medication management, monitoring, device pairing and data transmission, receiving and/or providing health and wellness information, and communicating with external users and networks; health management application
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 010 for Portable computerized medical devices, namely, electronic medication dispensers that monitor and administer a patient's timely prescribed medication dosage regimens in accordance with or without an already stored medical profile of the patient; recording device; health monitoring device, data tracking device; communication device
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: Portable computerized medical devices, namely, electronic medication dispensers that monitor and administer a patient's timely prescribed medication dosage regimens in accordance with or without an already stored medical profile of the patient; recording device; recording device, namely digital video recording device; health monitoring device, data tracking device; health monitoring device, namely health monitors comprising sensor that monitor the health of the elderly or disabled in their own homes, data tracking device, namely computer memory device; communication device; communication device, namely integrated medical examination systems comprising medical devices and computer software for information management for use in web-based physical examination and assessment of patients in a remote, clinical settingClass 010 for Portable computerized medical devices, namely, electronic medication dispensers that monitor and administer a patient's timely prescribed medication dosage regimens in accordance with or without an already stored medical profile of the patient; recording device, namely digital video recording device; health monitoring device, namely health monitors comprising sensor that monitor the health of the elderly or disabled in their own homes, data tracking device, namely computer memory device; communication device, namely integrated medical examination systems comprising medical devices and computer software for information management for use in web-based physical examination and assessment of patients in a remote, clinical setting
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: /Caeden Drayton/     Date: 06/21/2019
Signatory's Name: Caeden Drayton
Signatory's Position: Group Patent Counsel

Signatory's Phone Number: 410-630-9427

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: 88165977
Internet Transmission Date: Fri Jun 21 14:48:28 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190621144828
228344-88165977-620fc55e281abf2686af14b9
a3f2a70d4abe02ceaf1cf89421b112eb262535d7
71-N/A-N/A-20190621131108829570