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. 88202778 CIMPL(Standard Characters, see http://uspto.report/TM/88202778/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 042 for Computer programming languages and programs, namely, domain-specific programming languages and programs for information interoperability in the healthcare domain that allow a user to specify a clinical or health information model, publish that model in one or more standard forms, and store, search, and maintain revisions of the model within a model repository; design, development, and implementation of computer programming languages and programs, clinical and health data models, and other abstract formalizations of clinical and health data, for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design, development, implementation, and maintenance of clinical data models and other abstract formalizations of clinical and health data, and computer programming languages for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data
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 programming languages and programs, namely, domain-specific programming languages and programs for information interoperability in the healthcare domain that allow a user to specify a clinical or health information model, publish that model in one or more standard forms, and store, search, and maintain revisions of the model within a model repository; design, development, and implementation of computer programming languages and computer programs for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; design, development, and implementation of computer programming languages and programs, clinical and health data models, and other abstract formalizations of clinical and health data, for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; design and development of clinical and health data models for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design, development, implementation, and maintenance of clinical data models and other abstract formalizations of clinical and health data, and computer programming languages for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design, development, implementation, and maintenance of computer programming languages for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design and development of clinical data models for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; providing non-downloadable computer programs featuring domain-specific programming languages for information interoperability in the healthcare domain that allow a user to specify a clinical or health information model, publish that model in one or more standard forms, and store, search, and maintain revisions of the model within a model repositoryClass 042 for design, development, and implementation of computer programming languages and computer programs for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; design and development of clinical and health data models for information interoperability in healthcare particularly in the context of electronic databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design, development, implementation, and maintenance of computer programming languages for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; consulting services in the design and development of clinical data models for information interoperability in healthcare particularly in the context of databases storing clinical and health data and other electronic storage and communication systems for clinical data and health data; providing non-downloadable computer programs featuring domain-specific programming languages for information interoperability in the healthcare domain that allow a user to specify a clinical or health information model, publish that model in one or more standard forms, and store, search, and maintain revisions of the model within a model repository;
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 009 for Computer programs featuring domain-specific programming languages for information interoperability in the healthcare domain that allow a user to specify a clinical or health information model, publish that model in one or more standard forms, and store, search, and maintain revisions of the model within a model repository;
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

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Tracy Durkin/      Date: 07/14/2019
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record, Washington DC Bar Member
Signatory's Phone Number: (202) 371-2600


Response Signature
Signature: /Tracy Durkin/     Date: 07/15/2019
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record, Washington, DC Bar Member

Signatory's Phone Number: (202) 371-2600

The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an owner/holder located in Canada; that he/she is either registered with the USPTO and in good standing as a patent agent under 37 C.F.R. §11.6(c) or he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and, that to the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88202778
RAM Accounting Date: 07/16/2019
        
Serial Number: 88202778
Internet Transmission Date: Mon Jul 15 19:42:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019071519421270
4216-88202778-6208b192a6aefad5b3b01bb060
e7b38d4ef778aebb7439dcb2be6cc5c904bd88d-
CC-6637-20190713133456604804