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. 88214906 AF WATCH(Standard Characters, see http://uspto.report/TM/88214906/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 Scientific and technological services, namely, scientific research in the field of cardiology; scientific and technological services, namely, monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data; design of apparatus and instruments for monitoring, analyzing, treating, and diagnosing cardiovascular disease; research and development in the field of cardiac catheters and cardiac disease measurement and diagnosis apparatus and instruments; industrial research in the field of apparatus and instruments for monitoring, treating and diagnosing cardiovascular disease; design and development of computer servers, computer hardware, and computer software; design and development of data acquisition, computer cloud data acquisition, data monitoring, data processing, data analysis, and medical diagnosis hardware and software in the field of cardiovascular disease; providing a web hosting platform for hosting patient information and data management in the field of cardiovascular information; medical laboratory services
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: Scientific and technological services, namely, scientific research in the field of cardiology; scientific and technological services, namely, monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data; design of apparatus and instruments for monitoring, analyzing, treating, and diagnosing cardiovascular disease; research and development in the field of cardiac catheters and cardiac disease measurement and diagnosis apparatus and instruments; industrial research in the field of apparatus and instruments for monitoring, treating and diagnosing cardiovascular disease; design and development of computer servers, computer hardware, and computer software; design and development of data acquisition, computer cloud data acquisition, data monitoring, data processing, data analysis, and medical diagnosis hardware and software in the field of cardiovascular disease; providing a web hosting platform for hosting patient information and data management in the field of cardiovascular information; medical laboratory servicesClass 042 for Scientific and technological services, namely, scientific research in the field of cardiology; design of apparatus and instruments for monitoring, analyzing, treating, and diagnosing cardiovascular disease; research and development in the field of cardiac catheters and cardiac disease measurement and diagnosis apparatus and instruments; industrial research in the field of apparatus and instruments for monitoring, treating and diagnosing cardiovascular disease; design and development of computer servers, computer hardware, and computer software; design and development of data acquisition, computer cloud data acquisition, data monitoring, data processing, data analysis, and medical diagnosis hardware and software in the field of cardiovascular disease; providing a web hosting platform for hosting patient information and data management in the field of cardiovascular information; medical laboratory services
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 044 for Health care services, namely, database for patient information and data management, collection, and storage in the field of cardiovascular patient and medical information; acquisition and collection of data and information, including remote acquisition and collection of data and information, for cardiovascular treatment and diagnostic purposes; providing medical and patient information and data blockchain databases, including shared or reconciled blockchain databases; medical diagnosis and medical examination services of cardiovascular diseases for medical and clinical purposes; medical services by a cardiologist or medical technician; providing health care information in the field of cardiovascular disease by electronic means in the nature of computer networks, databases, blockchain databases, and computer cloud data acquisition
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: Health care services, namely, database for patient information and data management, collection, and storage in the field of cardiovascular patient and medical information; acquisition and collection of data and information, including remote acquisition and collection of data and information, for cardiovascular treatment and diagnostic purposes; providing medical and patient information and data blockchain databases, including shared or reconciled blockchain databases; providing medical and patient information via blockchain databases, including shared or reconciled blockchain databases; medical diagnosis and medical examination services of cardiovascular diseases for medical and clinical purposes; medical services by a cardiologist or medical technician; providing health care information in the field of cardiovascular disease by electronic means in the nature of computer networks, databases, blockchain databases, and computer cloud data acquisition; scientific and technological services, namely, monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data for patient treatmentClass 044 for Health care services, namely, database for patient information and data management, collection, and storage in the field of cardiovascular patient and medical information; acquisition and collection of data and information, including remote acquisition and collection of data and information, for cardiovascular treatment and diagnostic purposes; providing medical and patient information via blockchain databases, including shared or reconciled blockchain databases; medical diagnosis and medical examination services of cardiovascular diseases for medical and clinical purposes; medical services by a cardiologist or medical technician; providing health care information in the field of cardiovascular disease by electronic means in the nature of computer networks, databases, blockchain databases, and computer cloud data acquisition; scientific and technological services, namely, monitoring, analysis, testing, and evaluation of patient electrocardiographs and other patient cardiac signal data for patient treatment
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.

The applicant's current attorney information: Jennifer M. Mikulina. Jennifer M. Mikulina of McDermott Will & Emery LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      US
The docket/reference number is 108422-0015.

The phone number is 312-372-2000.

The fax number is 312-984-7700.

The email address is jmikulina@mwe.com

The applicants proposed attorney information: Jennifer M. Mikulina. Other appointed attorneys are all other attorneys. Jennifer M. Mikulina of McDermott Will & Emery LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      United States
The docket/reference number is 108422-0015.

The phone number is 312-372-2000.

The fax number is 312-984-7700.

The email address is ipdocketmwe@mwe.com

Jennifer M. Mikulina 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: Jennifer M. Mikulina. Jennifer M. Mikulina of McDermott Will & Emery LLP, is located at

      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      US
The docket/reference number is 108422-0015.

The phone number is 312-372-2000.

The fax number is 312-984-7700.

The email address is ipdocketmwe@mwe.com; jmikulina@mwe.com; zbeal@mwe.com; ipdocketchicago@mwe.com

The applicants proposed correspondence information: Jennifer M. Mikulina. Jennifer M. Mikulina of McDermott Will & Emery LLP, is located at

      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      United States
The docket/reference number is 108422-0015.

The phone number is 312-372-2000.

The fax number is 312-984-7700.

The email address is ipdocketmwe@mwe.com; jmikulina@mwe.com; wzeserman@mwe.com; zbeal@mwe.com; ipdocketchicago@mwe.com

SIGNATURE(S)
Response Signature
Signature: /wlz/     Date: 11/12/2019
Signatory's Name: Warren L. Zeserman
Signatory's Position: Attorney of Record - New York Bar Member

Signatory's Phone Number: 312-372-2000

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:    Jennifer M. Mikulina
   McDermott Will & Emery LLP
   
   444 West Lake Street, Suite 4000
   Chicago, Illinois 60606-0029
Mailing Address:    Jennifer M. Mikulina
   McDermott Will & Emery LLP
   444 West Lake Street, Suite 4000
   Chicago, Illinois 60606-0029
        
Serial Number: 88214906
Internet Transmission Date: Tue Nov 12 12:41:49 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019111212414947
2395-88214906-7004389488b9ffd9d98e0a26ed
1cb17c85731d758cba2ece178b8421d33fff364-
N/A-N/A-20191111182624003904