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. 88235701 GUARDIAN ANGELS(Standard Characters, see http://uspto.report/TM/88235701/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicants Arguments has been attached.
Original PDF file:
evi_6610954174-20190918160722914736_._.002_FINAL_Response_to_OA_-_GUARDIAN_ANGELS__H1565559xD16FB_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Training in the administration of cardiopulmonary resuscitation; Training in the use of automated external defibrillators; Training in the use of opioid overdose first aid kits; Operation of a computer database containing data records of persons trained as a community first responder, as a paramedic, or as a health care professional

Applicant hereby deletes the following class of goods/services from the application.
Class 044 for Community first responder, paramedic, or health care services for giving first aid to a person having a cardiac arrest; Community first responder, paramedic, or heath care services for giving first aid to a person having a drug overdose

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software featuring mathematical algorithms for use in identifying persons trained in paramedic services or first aid; Computer software featuring mathematical algorithms for use in evaluating skill level of persons trained in paramedic services or first aid
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1906447 filed 06/27/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software featuring mathematical algorithms for use in identifying persons trained in paramedic services or first aid; Downloadable Computer software featuring mathematical algorithms for use in identifying and notifying persons trained in paramedic services or first aid regarding a cardiac arrest or drug overdose event; Computer software featuring mathematical algorithms for use in evaluating skill level of persons trained in paramedic services or first aid; Downloadable Computer software featuring mathematical algorithms for use in evaluating skill level of persons trained in paramedic services or first aid; Downloadable computer software featuring mathematical algorithms for use in providing to a person trained in paramedic services or first aid directional guidance to a cardiac arrest or drug overdose eventClass 009 for Downloadable Computer software featuring mathematical algorithms for use in identifying and notifying persons trained in paramedic services or first aid regarding a cardiac arrest or drug overdose event; Downloadable Computer software featuring mathematical algorithms for use in evaluating skill level of persons trained in paramedic services or first aid; Downloadable computer software featuring mathematical algorithms for use in providing to a person trained in paramedic services or first aid directional guidance to a cardiac arrest or drug overdose event
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1906447 filed 06/27/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Alana M. Fuierer. Alana M. Fuierer of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      US
The docket/reference number is 5595.002.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com

The applicants proposed attorney information: Alana M. Fuierer. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. Alana M. Fuierer of HESLIN ROTHENBERG FARLEY & MESITI P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      United States
The docket/reference number is 5595.002.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com

Alana M. Fuierer 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: ALANA M. FUIERER. ALANA M. FUIERER of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      US
The docket/reference number is 5595.002.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com; Alana.Fuierer@hrfmlaw.com; Jean.Bell@hrfmlaw.com

The applicants proposed correspondence information: Alana M. Fuierer. Alana M. Fuierer of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      United States
The docket/reference number is 5595.002.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com; alana.fuierer@hrfmlaw.com; jean.bell@hrfmlaw.com

SIGNATURE(S)
Response Signature
Signature: /amf/     Date: 09/18/2019
Signatory's Name: Alana M. Fuierer
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 585-288-4832

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:    ALANA M. FUIERER
   HESLIN ROTHENBERG FARLEY & MESITI P.C.
   
   5 COLUMBIA CIRCLE
   ALBANY, New York 12203
Mailing Address:    Alana M. Fuierer
   HESLIN ROTHENBERG FARLEY & MESITI P.C.
   5 COLUMBIA CIRCLE
   ALBANY, New York 12203
        
Serial Number: 88235701
Internet Transmission Date: Wed Sep 18 16:31:42 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091816314224
5649-88235701-610f455fde1b1432ec3a9761f1
e65a51e765e254b4ccc9ad705cf33bc5f94abb1f
-N/A-N/A-20190918160722914736