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. 88281369 RELIEVRX(Standard Characters, see http://uspto.report/TM/88281369/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

arguments and exhibits enclosed in the Evidence section

EVIDENCE
Evidence in the nature of arguments and exhibits has been attached.
Original PDF file:
evi_249421206-20191011193734574478_._RELIEVRX_-_Office_Action_Response_2_d_.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
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Original PDF file:
evi_249421206-20191011193734574478_._RELIEVRX_-_EXHIBITs_A-H.pdf
Converted PDF file(s) ( 33 pages)
Evidence-1
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Software for healthcare providers and patients for use in connection with the treatment of pain and anxiety, tracking patient activity and biometric markers, and educating patients regarding of pain, anxiety, mood, and coping skills
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: Software for healthcare providers and patients for use in connection with the treatment of pain and anxiety, tracking patient activity and biometric markers, and educating patients regarding of pain, anxiety, mood, and coping skills; Downloadable software for healthcare providers and patients for use in connection with the treatment of pain and anxiety, tracking patient activity and biometric markers, and educating patients regarding of pain, anxiety, mood, and coping skillsClass 009 for Downloadable software for healthcare providers and patients for use in connection with the treatment of pain and anxiety, tracking patient activity and biometric markers, and educating patients regarding of pain, anxiety, mood, and coping skills
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: John Paul Oleksiuk. John Paul Oleksiuk of COOLEY LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      US

The phone number is 310-883-6427.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

The applicants proposed attorney information: John Paul Oleksiuk. Other appointed attorneys are Salsabil Ahmed, Jane van Benten, Colleen Wellington-Caban, Susan Piascik Christoff, John W. Crittenden, Brian Focarino, Bobby A. Ghajar, Jeffrey Greene, Colette A. Ghazarian, Rebecca Givner-Forbes, Shannan Higgins, Ariana Gallisa Hiscott, Brendan J. Hughes, Judd D. Lauter, Lori A. Levine, Rose Mendenhall Kautz, Anne H. Peck, Marcus D. Peterson, Elisa Rosen, Dina Roumiantseva, and Shane Rumbaugh. John Paul Oleksiuk of Cooley 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

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
The docket/reference number is 329127-20000.

The phone number is 310-883-6427.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

John Paul Oleksiuk 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: JOHN PAUL OLEKSIUK. JOHN PAUL OLEKSIUK of COOLEY LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      US

The phone number is 310-883-6427.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

The applicants proposed correspondence information: John Paul Oleksiuk. John Paul Oleksiuk of Cooley LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
The docket/reference number is 329127-20000.

The phone number is 310-883-6427.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

SIGNATURE(S)
Response Signature
Signature: /Rose Kautz/     Date: 10/11/2019
Signatory's Name: Rose Mendenhall Kautz
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: (310) 883-6422

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:    JOHN PAUL OLEKSIUK
   COOLEY LLP
   
   1299 PENNSYLVANIA AVENUE, NW, SUITE 700
   WASHINGTON, District of Columbia 20004-2400
Mailing Address:    John Paul Oleksiuk
   Cooley LLP
   1299 PENNSYLVANIA AVENUE, NW, SUITE 700
   WASHINGTON, District of Columbia 20004-2400
        
Serial Number: 88281369
Internet Transmission Date: Fri Oct 11 21:27:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191011212713975
466-88281369-6106c2beb11559331d76190b12e
8da426df8db4df684b8e2fda95ec23227143-N/A
-N/A-20191011193734574478