Response to Office Action

RCS REMOTE CARDIAC SERVICES

Lincare Licensing Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88204002
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88204002/mark.png
LITERAL ELEMENT RCS REMOTE CARDIAC SERVICES
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 the wording "RCS remote cardiac services" in which the wording "RCS" is positioned above the wording "remote cardiac services" and in front of a cardiogram wave design.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 044
DESCRIPTION
remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; remote heart monitoring services; remote monitoring of coagulation patients
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/30/2013
        FIRST USE IN COMMERCE DATE At least as early as 09/30/2013
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; remote heart monitoring services; medical services in the nature of remote heart monitoring services of individuals for medical diagnosis and treatment purposes; remote monitoring of coagulation patients; medical services in the nature of remote monitoring of coagulation of individuals for medical diagnosis and treatment purposes.
FINAL DESCRIPTION
Remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; medical services in the nature of remote heart monitoring services of individuals for medical diagnosis and treatment purposes; medical services in the nature of remote monitoring of coagulation of individuals for medical diagnosis and treatment purposes.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/30/2013
       FIRST USE IN COMMERCE DATE At least as early as 09/30/2013
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use remote cardiac services apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Daniel R. Frijouf
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME FRIJOUF, RUST & PYLE, P.A.
STREET 201 EAST DAVIS BLVD
CITY TAMPA
STATE Florida
POSTAL CODE 33606
COUNTRY US
PHONE 813-254-5100
FAX 8132545400
EMAIL frijouf@frijouf.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER LNCR.13002
ATTORNEY SECTION (proposed)
NAME Daniel R. Frijouf
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Frijouf, Rust & Pyle, P.A.
STREET 201 East Davis Blvd
CITY Tampa
STATE Florida
POSTAL CODE 33606
COUNTRY United States
PHONE 813-254-5100
FAX 8132545400
EMAIL frijouf@frijouf.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER LNCR.13002
OTHER APPOINTED ATTORNEY Robert F. Frijouf; David A. Frijouf
CORRESPONDENCE SECTION (current)
NAME DANIEL R. FRIJOUF
FIRM NAME FRIJOUF, RUST & PYLE, P.A.
STREET 201 EAST DAVIS BLVD
CITY TAMPA
STATE Florida
POSTAL CODE 33606
COUNTRY US
PHONE 813-254-5100
FAX 8132545400
EMAIL frijouf@frijouf.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER LNCR.13002
CORRESPONDENCE SECTION (proposed)
NAME Daniel R. Frijouf
FIRM NAME Frijouf, Rust & Pyle, P.A.
STREET 201 East Davis Blvd
CITY Tampa
STATE Florida
POSTAL CODE 33606
COUNTRY United States
PHONE 813-254-5100
FAX 8132545400
EMAIL frijouf@frijouf.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER LNCR.13002
SIGNATURE SECTION
RESPONSE SIGNATURE /d/
SIGNATORY'S NAME Daniel R. Frijouf
SIGNATORY'S POSITION attorney
SIGNATORY'S PHONE NUMBER 8132545100
DATE SIGNED 08/19/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 19 16:06:42 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190819160642646079-88204
002-6107e4ba4814b569f323e
18c9d14623ded8bb115b9ec07
25fba6f9ee2db5938f7-N/A-N
/A-20190819160327053428



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. 88204002 RCS REMOTE CARDIAC SERVICES (Stylized and/or with Design, see http://uspto.report/TM/88204002/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 044 for remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; remote heart monitoring services; remote monitoring of coagulation patients
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/30/2013 and first used in commerce at least as early as 09/30/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; remote heart monitoring services; medical services in the nature of remote heart monitoring services of individuals for medical diagnosis and treatment purposes; remote monitoring of coagulation patients; medical services in the nature of remote monitoring of coagulation of individuals for medical diagnosis and treatment purposes.Class 044 for Remote monitoring, documenting, reporting and communication of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; transtelephonic heart monitoring services; medical services in the nature of remote heart monitoring services of individuals for medical diagnosis and treatment purposes; medical services in the nature of remote monitoring of coagulation of individuals for medical diagnosis and treatment purposes.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/30/2013 and first used in commerce at least as early as 09/30/2013 , and is now in use in such commerce.
The applicant's current attorney information: Daniel R. Frijouf. Daniel R. Frijouf of FRIJOUF, RUST & PYLE, P.A., is located at

      201 EAST DAVIS BLVD
      TAMPA, Florida 33606
      US
The docket/reference number is LNCR.13002.

The phone number is 813-254-5100.

The fax number is 8132545400.

The email address is frijouf@frijouf.com

The applicants proposed attorney information: Daniel R. Frijouf. Other appointed attorneys are Robert F. Frijouf; David A. Frijouf. Daniel R. Frijouf of Frijouf, Rust & Pyle, 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

      201 East Davis Blvd
      Tampa, Florida 33606
      United States
The docket/reference number is LNCR.13002.

The phone number is 813-254-5100.

The fax number is 8132545400.

The email address is frijouf@frijouf.com

Daniel R. Frijouf 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.
The applicant's current correspondence information: DANIEL R. FRIJOUF. DANIEL R. FRIJOUF of FRIJOUF, RUST & PYLE, P.A., is located at

      201 EAST DAVIS BLVD
      TAMPA, Florida 33606
      US
The docket/reference number is LNCR.13002.

The phone number is 813-254-5100.

The fax number is 8132545400.

The email address is frijouf@frijouf.com

The applicants proposed correspondence information: Daniel R. Frijouf. Daniel R. Frijouf of Frijouf, Rust & Pyle, P.A., is located at

      201 East Davis Blvd
      Tampa, Florida 33606
      United States
The docket/reference number is LNCR.13002.

The phone number is 813-254-5100.

The fax number is 8132545400.

The email address is frijouf@frijouf.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use remote cardiac services apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /d/     Date: 08/19/2019
Signatory's Name: Daniel R. Frijouf
Signatory's Position: attorney

Signatory's Phone Number: 8132545100

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:    DANIEL R. FRIJOUF
   FRIJOUF, RUST & PYLE, P.A.
   
   201 EAST DAVIS BLVD
   TAMPA, Florida 33606
Mailing Address:    Daniel R. Frijouf
   Frijouf, Rust & Pyle, P.A.
   201 East Davis Blvd
   Tampa, Florida 33606
        
Serial Number: 88204002
Internet Transmission Date: Mon Aug 19 16:06:42 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019081916064264
6079-88204002-6107e4ba4814b569f323e18c9d
14623ded8bb115b9ec0725fba6f9ee2db5938f7-
N/A-N/A-20190819160327053428



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