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. 88168292 ARK CARE WELLNESS(Standard Characters, see http://uspto.report/TM/88168292/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Software as a service, namely, providing access to application software for use with computers, mobile phones, mobile devices, and blood glucose meters, namely, software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters; providing use of non-downloadable software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6192749 registered 10/25/2019 with a renewal date of __________ and an expiration date of 10/25/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Software as a service, namely, providing access to application software for use with computers, mobile phones, mobile devices, and blood glucose meters, namely, software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters; Software as a service, namely, application software for use with computers, mobile phones, mobile devices, and blood glucose meters, namely, software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters; providing use of non-downloadable software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters; providing temporary use of online non-downloadable software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose metersClass 042 for Software as a service, namely, application software for use with computers, mobile phones, mobile devices, and blood glucose meters, namely, software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters; providing temporary use of online non-downloadable software for data management, monitoring and tracking health and medical information, organizing and viewing data, sharing data, and diabetes management, featuring remote access and interoperability with blood glucose meters
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6192749 registered 10/25/2019 with a renewal date of __________ and an expiration date of 10/25/2029 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ARKRAY, Inc., a corporation of Japan, having an address of

            57, Nishi Aketa-cho, Higashi-kujo      Minami-ku, Kyoto-shi
      Kyoto, 601-8045
      Japan

Proposed: ARKRAY, Inc., a corporation of Japan, having an address of
      57, Nishi Aketa-cho, Higashi-kujo
      Minami-ku, Kyoto-shi
      Kyoto, 601-8045
      Japan
      Email Address: XXXX

The owner's/holder's current attorney information: Michael T. Olsen. Michael T. Olsen of WINTHROP & WEINSTINE, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      CAPELLA TOWER SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 17925.56.
      The phone number is 612-604-6689.
      The fax number is 612604-6989.
      The email address is trademark@winthrop.com

The owner's/holder's proposed attorney information: Michael T. Olsen. Other appointed attorneys are Timothy D. Sitzmann. Michael T. Olsen of WINTHROP & WEINSTINE, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      CAPELLA TOWER SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 17925.56.
      The phone number is 612-604-6689.
      The fax number is 612604-6989.
      The email address is trademark@winthrop.com

Michael T. Olsen 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.Correspondence Information (current):
      Michael T. Olsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): molsen@winthrop.com; tsitzmann@winthrop.com; jbriley@winthrop.com

The docket/reference number is 17925.56.
Correspondence Information (proposed):
      Michael T. Olsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): molsen@winthrop.com; tsitzmann@winthrop.com; jbriley@winthrop.com

The docket/reference number is 17925.56.

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: /mto/     Date: 03/31/2020
Signatory's Name: Michael T. Olsen
Signatory's Position: Attorney of Record, Minnesota Bar Member

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:    Michael T. Olsen
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Michael T. Olsen
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88168292
Internet Transmission Date: Tue Mar 31 16:52:36 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200331165236
211654-88168292-7107b3e8bae27bca81ed8b76
34996d93311aa0204569652a53265091e36c1fc8
d1-N/A-N/A-20200331135012478001