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 NUMBER88169569
LAW OFFICE ASSIGNEDLAW OFFICE 105
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88169569/large
LITERAL ELEMENT JOY SCALE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS009
DESCRIPTION
Downloadable electronic publications in the nature of brochures, pamphlets, presentations, clinical guidelines, and assessment tools in the nature of patient care pocket cards and documents in the fields of healthcare and patient welfare, patient observation guidelines and flowcharts, and video podcasts in the fields of healthcare and patient welfare
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS009
TRACKED TEXT DESCRIPTION
Downloadable electronic publications in the nature of brochures, pamphlets, presentations, clinical guidelines, and assessment tools in the nature of patient care pocket cards and documents in the fields of healthcare and patient welfare, patient observation guidelines and flowcharts, and video podcasts in the fields of healthcare and patient welfare; Downloadable electronic publications, namely, brochures, pamphlets, presentations, and clinical guidelines; downloadable video podcasts in the fields of healthcare and patient welfare
FINAL DESCRIPTION
Downloadable electronic publications, namely, brochures, pamphlets, presentations, and clinical guidelines; downloadable video podcasts in the fields of healthcare and patient welfare
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS041
DESCRIPTION
Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; conducting classes and seminars in the fields of healthcare and patient welfare; providing training in the fields of healthcare and patient welfare
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS041
TRACKED TEXT DESCRIPTION
Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; conducting classes and seminars in the fields of healthcare and patient welfare; educational services, namely, conducting classes and seminars in the fields of healthcare and patient welfare; providing training in the fields of healthcare and patient welfare; providing on-line and in-person training courses in the fields of healthcare and patient welfare
FINAL DESCRIPTION
Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; educational services, namely, conducting classes and seminars in the fields of healthcare and patient welfare; providing on-line and in-person training courses in the fields of healthcare and patient welfare
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (016)(class added)
INTERNATIONAL CLASS016
DESCRIPTION
Educational assessment tools, namely, note cards in the nature of patient care pocket cards, documents in the nature of flowcharts, and printed guides all in the fields of healthcare and patient welfare.
FILING BASISSection 1(b)
PAYMENT SECTION
NUMBER OF CLASSES1
APPLICATION FOR REGISTRATION PER CLASS275
TOTAL FEES DUE275
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Kevin S. Crosman/
SIGNATORY'S NAME Kevin S. Crosman
SIGNATORY'S POSITION Attorney of record, Oregon bar member
SIGNATORY'S PHONE NUMBER (503) 294-9183
DATE SIGNED 07/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 31 11:50:44 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190731115044365679-8816
9569-620ff93588fe7078ce1c
1722ea772671b1353873e19b1
90c1826a91da774a0ca-CC-50
376731-201907301943567651
88



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. 88169569 JOY SCALE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88169569/large) 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 Downloadable electronic publications in the nature of brochures, pamphlets, presentations, clinical guidelines, and assessment tools in the nature of patient care pocket cards and documents in the fields of healthcare and patient welfare, patient observation guidelines and flowcharts, and video podcasts in the fields of healthcare and patient welfare
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: Downloadable electronic publications in the nature of brochures, pamphlets, presentations, clinical guidelines, and assessment tools in the nature of patient care pocket cards and documents in the fields of healthcare and patient welfare, patient observation guidelines and flowcharts, and video podcasts in the fields of healthcare and patient welfare; Downloadable electronic publications, namely, brochures, pamphlets, presentations, and clinical guidelines; downloadable video podcasts in the fields of healthcare and patient welfare

Class 009 for Downloadable electronic publications, namely, brochures, pamphlets, presentations, and clinical guidelines; downloadable video podcasts in the fields of healthcare and patient welfare
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 041 for Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; conducting classes and seminars in the fields of healthcare and patient welfare; providing training in the fields of healthcare and patient welfare
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: Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; conducting classes and seminars in the fields of healthcare and patient welfare; educational services, namely, conducting classes and seminars in the fields of healthcare and patient welfare; providing training in the fields of healthcare and patient welfare; providing on-line and in-person training courses in the fields of healthcare and patient welfare

Class 041 for Education services, namely, developing, arranging and providing courses, classes, presentations, workshops, seminars, and conferences in the fields of healthcare and patient welfare and distributing course materials in connection therewith; educational services, namely, conducting classes and seminars in the fields of healthcare and patient welfare; providing on-line and in-person training courses in the fields of healthcare and patient welfare
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 hereby adds the following class of goods/services to the application:
New: Class 016 for Educational assessment tools, namely, note cards in the nature of patient care pocket cards, documents in the nature of flowcharts, and printed guides all in the fields of healthcare and patient welfare.
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Kevin S. Crosman/     Date: 07/30/2019
Signatory's Name: Kevin S. Crosman
Signatory's Position: Attorney of record, Oregon bar member

Signatory's Phone Number: (503) 294-9183

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.

        
RAM Sale Number: 88169569
RAM Accounting Date: 07/31/2019
        
Serial Number: 88169569
Internet Transmission Date: Wed Jul 31 11:50:44 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907311150443
65679-88169569-620ff93588fe7078ce1c1722e
a772671b1353873e19b190c1826a91da774a0ca-
CC-50376731-20190730194356765188