TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88229766

Filing Date: 12/14/2018

To the Commissioner for Trademarks:

MARK: INTERMOUNTAIN GENETARGET (Standard Characters, see mark)
The literal element of the mark consists of INTERMOUNTAIN GENETARGET.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, IHC Health Services, Inc., a corporation of Utah, having an address of
      36 South State Street, Suite 2200
      Salt Lake City, Utah 84111
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 044:  Medical services, namely, providing personalized drug therapy management programs to cancer patients based on the patient's genetic testing results; genetic testing for medical purposes; genetic testing for cancer diagnosis, treatment and prevention purposes; providing genetic sequencing and consulting services via website designed to provide cancer patients and oncologists with custom tailored information about the range of possible treatments and drug therapies for a particular cancer; providing information to patients and physicians via a website to recommend cancer treatment and drug therapies based on the patient's genetic testing results; providing personalized drug therapy services for cancer patients; and providing an online searchable database in the fields of oncology, bioinformatics, genomic data and genomic sequence analysis for personalized diagnosis, treatment and prevention of cancer
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Disclaimer
No claim is made to the exclusive right to use gene target apart from the mark as shown.

Miscellaneous Statement
Applicant, IHC Health Services, Inc., SelectHealth, Inc. ("SelectHealth"), and Intermountain Insights, LLC ("Intermountain Insights") are wholly-owned subsidiaries of Intermountain Health Care, Inc. ("Parent"). Parent, Applicant, SelectHealth and Intermountain Insights are collectively referred to as "Intermountain Healthcare". Given the foregoing, Applicant submits that, for purposes of trademark law, there is "unity of control" and a "single source" of ownership for the registrations owned by Intermountain Healthcare and Applicant's mark set forth in this application. Trademark Manual of Examining Procedure Section 1201.07(b)(i)

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
Intermountain has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4,928,946 and 5,474,162 .

The applicant's current Attorney Information:
      Joshua G. Gigger and Catherine Parrish Lake and Zachary J. Smart of Stoel Rives LLP      201 South Main Street, Suite 1100
      Salt Lake City, Utah 84111
      United States
      801-328-3131(phone)
      801-578-6999(fax)
      tm-slc@stoel.com (authorized)
The attorney docket/reference number is 33629/9:448.

The applicant's current Correspondence Information:

Joshua G. Gigger

Stoel Rives LLP

201 South Main Street, Suite 1100

Salt Lake City, Utah 84111

801-328-3131(phone)

801-578-6999(fax)

tm-slc@stoel.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Douglas J Hammer/   Date: 12/14/2018
Signatory's Name: Douglas J Hammer
Signatory's Position: Senior Vice President
Payment Sale Number: 88229766
Payment Accounting Date: 12/14/2018

Serial Number: 88229766
Internet Transmission Date: Fri Dec 14 12:37:51 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201812141237514
04024-88229766-610f89e7638f3916e9c293c0b
d5efa74e33bdb31c292f3c0be139d5adc85f4337
b-CC-11252-20181212180356624108