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 |
88271548 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88271548/mark.png |
LITERAL ELEMENT |
STRUT |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_209124163221-20191001164209269000_._STRUT_OA_Response.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\715\88271548\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\715\88271548\xml6\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\715\88271548\xml6\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\715\88271548\xml6\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\715\88271548\xml6\ROA0006.JPG |
DESCRIPTION OF EVIDENCE FILE |
Response to Office Action |
GOODS AND/OR SERVICES SECTION (041)(no change) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Providing on-line information services in the field of wellness, nutrition, weight loss and dieting; health care services, namely,
wellness programs; providing a website featuring information on health, wellness and nutrition; healthcare in the nature of health maintenance organizations; providing long-term care facilities;
providing a website featuring medical information |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Providing on-line information services in the field of wellness, nutrition, weight loss and
dieting; Online health care services, namely, treatment of hair loss, treatment of erectile dysfunction, treatment of cold sores, treatment of scars, treatment of
acne, treatment of nails, treatment of melasma; health care services, namely, wellness programs; providing a website
featuring information on health, wellness and nutrition; healthcare in the nature of health maintenance organizations; providing long-term care facilities; providing a website featuring medical information |
FINAL DESCRIPTION |
Online health care services, namely, treatment of hair loss, treatment of erectile dysfunction, treatment of cold sores, treatment of
scars, treatment of acne, treatment of nails, treatment of melasma |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Emily R. Billig, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, A |
STREET |
100 LIGHT STREET |
CITY |
BALTIMORE |
STATE |
Maryland |
POSTAL CODE |
21202 |
COUNTRY |
US |
PHONE |
410-862-1089 |
EMAIL |
trademarksober@bakerdonelson.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Emily R. Billig, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Baker Donelson PC |
STREET |
100 LIGHT STREET |
CITY |
BALTIMORE |
STATE |
Maryland |
POSTAL CODE |
21202 |
COUNTRY |
United States |
PHONE |
410-862-1089 |
EMAIL |
trademarksober@bakerdonelson.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
E. Scott Johnson, Esq., Cynthia B. Sanders, Esq., and the attorneys of Baker, Donelson, Bearman, Caldwell & Berkowitz, A Professional
Corporation |
CORRESPONDENCE SECTION (current) |
NAME |
EMILY R. BILLIG, ESQ. |
FIRM NAME |
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, A |
STREET |
100 LIGHT STREET |
CITY |
BALTIMORE |
STATE |
Maryland |
POSTAL CODE |
21202 |
COUNTRY |
US |
PHONE |
410-862-1089 |
EMAIL |
trademarksober@bakerdonelson.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Emily R. Billig, Esq. |
FIRM NAME |
Baker Donelson PC |
STREET |
100 LIGHT STREET |
CITY |
BALTIMORE |
STATE |
Maryland |
POSTAL CODE |
21202 |
COUNTRY |
United States |
PHONE |
410-862-1089 |
EMAIL |
trademarksober@bakerdonelson.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/emily r. billig/ |
SIGNATORY'S NAME |
Emily R. Billig |
SIGNATORY'S POSITION |
Attorney of record, MD bar member |
SIGNATORY'S PHONE NUMBER |
410-862-1089 |
DATE SIGNED |
10/01/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 01 17:09:42 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20191001170942738158-882
71548-6101199e1ab485f1596
1305531ac7cdc2b116b7d83a3
dcd0af4e63f72212ed26-N/A-
N/A-20191001164209269000 |
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.
88271548 STRUT(Standard Characters, see http://uspto.report/TM/88271548/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_209124163221-20191001164209269000_._STRUT_OA_Response.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Providing on-line information services in the field of wellness, nutrition, weight loss and dieting; health care services, namely, wellness programs; providing a website
featuring information on health, wellness and nutrition; healthcare in the nature of health maintenance organizations; providing long-term care facilities; providing a website featuring medical
information
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: Providing on-line information services in the field of wellness, nutrition, weight loss and dieting;
Online health care services, namely, treatment of hair loss, treatment of erectile dysfunction, treatment of cold sores, treatment of scars, treatment of acne, treatment of nails, treatment of
melasma;
health care services, namely, wellness programs;
providing a website featuring information on health, wellness
and nutrition;
healthcare in the nature of health maintenance organizations;
providing long-term care facilities;
providing a website featuring medical informationClass 044 for Online health care services, namely, treatment of hair loss, treatment of erectile dysfunction,
treatment of cold sores, treatment of scars, treatment of acne, treatment of nails, treatment of melasma
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: Emily R. Billig, Esq.. Emily R. Billig, Esq. of BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, A, is located at
100 LIGHT STREET
BALTIMORE, Maryland 21202
US
The phone number is 410-862-1089.
The email address is trademarksober@bakerdonelson.com
The applicants proposed attorney information: Emily R. Billig, Esq.. Other appointed attorneys are E. Scott Johnson, Esq., Cynthia B. Sanders, Esq., and the attorneys of Baker, Donelson, Bearman,
Caldwell & Berkowitz, A Professional Corporation. Emily R. Billig, Esq. of Baker Donelson PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the
attorney(s) is located at
100 LIGHT STREET
BALTIMORE, Maryland 21202
United States
The phone number is 410-862-1089.
The email address is trademarksober@bakerdonelson.com
Emily R. Billig, Esq. 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: EMILY R. BILLIG, ESQ.. EMILY R. BILLIG, ESQ. of BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, A, is located at
100 LIGHT STREET
BALTIMORE, Maryland 21202
US
The phone number is 410-862-1089.
The email address is trademarksober@bakerdonelson.com
The applicants proposed correspondence information: Emily R. Billig, Esq.. Emily R. Billig, Esq. of Baker Donelson PC, is located at
100 LIGHT STREET
BALTIMORE, Maryland 21202
United States
The phone number is 410-862-1089.
The email address is trademarksober@bakerdonelson.com
SIGNATURE(S)
Response Signature
Signature: /emily r. billig/ Date: 10/01/2019
Signatory's Name: Emily R. Billig
Signatory's Position: Attorney of record, MD bar member
Signatory's Phone Number: 410-862-1089
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: EMILY R. BILLIG, ESQ.
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, A
100 LIGHT STREET
BALTIMORE, Maryland 21202
Mailing Address: Emily R. Billig, Esq.
Baker Donelson PC
100 LIGHT STREET
BALTIMORE, Maryland 21202
Serial Number: 88271548
Internet Transmission Date: Tue Oct 01 17:09:42 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191001170942
738158-88271548-6101199e1ab485f159613055
31ac7cdc2b116b7d83a3dcd0af4e63f72212ed26
-N/A-N/A-20191001164209269000