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 |
88285533 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88285533/mark.png |
LITERAL ELEMENT |
A.D.A.M. SUITE OF HEALTHCARE PRODUCTS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a leaf with a stem that forms the crossbar in the "A" to the left of the letters "A" "D" "A" and "M" each separated by a
period and the words "Suite of Healthcare Products" under the word "A.D.A.M.". |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Downloadable multimedia files and downloadable computer software all the foregoing featuring information in the fields of human
anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of healthcare providers;
interactive multimedia software featuring information in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare
providers, and human resource management in the field of healthcare providers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/06/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/06/2010 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Downloadable multimedia files and downloadable computer software all the foregoing featuring information
in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of
healthcare providers; Downloadable multimedia files containing video, images, and text and downloadable computer software for providing patient education, medical
instruction, and healthcare video, images, and text all the foregoing featuring information in the fields of human anatomy, health, health education, science, health insurance benefits, business
marketing management for healthcare providers, and human resource management in the field of healthcare providers; interactive multimedia software featuring
information in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the
field of healthcare providers; downloadable interactive multimedia software for providing patient education, medical instruction, and healthcare video, images,
and text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the
field of healthcare providers |
FINAL DESCRIPTION |
Downloadable multimedia files containing video, images, and text and downloadable computer software for providing patient education,
medical instruction, and healthcare video, images, and text all the foregoing featuring information in the fields of human anatomy, health, health education, science, health insurance benefits,
business marketing management for healthcare providers, and human resource management in the field of healthcare providers; downloadable interactive multimedia software for providing patient
education, medical instruction, and healthcare video, images, and text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for
healthcare providers, and human resource management in the field of healthcare providers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/06/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/06/2010 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\855\88285533\xml5\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
Screencap of online store for downloadable images |
GOODS AND/OR SERVICES SECTION (036)(no change) |
GOODS AND/OR SERVICES SECTION (041)(no change) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing on-line computer databases featuring information in the fields of human anatomy and health |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/06/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/06/2010 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing on-line computer databases featuring information in the fields of human anatomy and
health; providing online nondownloadable interactive multimedia software for providing patient education, medical instruction, and healthcare video, images, and
text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field
of healthcare providers |
FINAL DESCRIPTION |
providing online nondownloadable interactive multimedia software for providing patient education, medical instruction, and healthcare
video, images, and text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource
management in the field of healthcare providers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/06/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/06/2010 |
GOODS AND/OR SERVICES SECTION (044)(class added) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
providing on-line computer databases featuring information in the fields of human anatomy and health |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/06/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/06/2010 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\855\88285533\xml5\ ROA0003.JPG |
SPECIMEN DESCRIPTION |
Screencap of log-in page for online database for anatomy depicting mark |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use SUITE OF HEALTHCARE PRODUCTS apart from the mark as shown. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/ppsmith/ |
SIGNATORY'S NAME |
Pam P Smith |
SIGNATORY'S POSITION |
Attorney of record, Alabama bar member |
SIGNATORY'S PHONE NUMBER |
205-226-3404 |
DATE SIGNED |
05/07/2019 |
RESPONSE SIGNATURE |
/ppmith/ |
SIGNATORY'S NAME |
Pam P Smith |
SIGNATORY'S POSITION |
Attorney of record, Alabama bar member |
SIGNATORY'S PHONE NUMBER |
205-226-3404 |
DATE SIGNED |
05/07/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue May 07 09:46:40 EDT 2019 |
TEAS STAMP |
USPTO/ROA-X.XX.XX.XXX-201
90507094640687934-8828553
3-620518a3e817e92a8972a1c
fb39ed62323cfb4ce3fe9cd11
ef81bd0783148608a-CC-9178
-20190507092643496970 |
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.
88285533 A.D.A.M. SUITE OF HEALTHCARE PRODUCTS (Stylized and/or with Design, see http://uspto.report/TM/88285533/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 009 for Downloadable multimedia files and downloadable computer software all the foregoing featuring information in the fields of human anatomy, health, health education,
science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of healthcare providers; interactive multimedia software
featuring information in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource
management in the field of healthcare providers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 04/06/2010
and first used in commerce at least as early as 04/06/2010 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Downloadable multimedia files and downloadable computer software all the foregoing featuring information in the fields of human
anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of healthcare
providers;
Downloadable multimedia files containing video, images, and text and downloadable computer software for providing patient education, medical
instruction, and healthcare video, images, and text all the foregoing featuring information in the fields of human anatomy, health, health education, science, health insurance benefits, business
marketing management for healthcare providers, and human resource management in the field of healthcare providers;
interactive multimedia software featuring
information in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the
field of healthcare providers;
downloadable interactive multimedia software for providing patient education, medical instruction, and healthcare video, images,
and text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the
field of healthcare providersClass 009 for Downloadable multimedia files containing video, images, and text and downloadable computer software for providing patient education, medical
instruction, and healthcare video, images, and text all the foregoing featuring information in the fields of human anatomy, health, health education, science, health insurance benefits, business
marketing management for healthcare providers, and human resource management in the field of healthcare providers; downloadable interactive multimedia software for providing patient education,
medical instruction, and healthcare video, images, and text, in the fields of human anatomy, health, health education, science, health insurance benefits, business marketing management for healthcare
providers, and human resource management in the field of healthcare providers
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 04/06/2010
and first used in commerce at least as early as 04/06/2010 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Screencap of online store for downloadable images .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing on-line computer databases featuring information in the fields of human anatomy and health
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 04/06/2010
and first used in commerce at least as early as 04/06/2010 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Providing on-line computer databases featuring information in the fields of human anatomy and health;
providing online nondownloadable interactive multimedia software for providing patient education, medical instruction, and healthcare video, images, and text, in the fields of human anatomy,
health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of healthcare providersClass 042
for providing online nondownloadable interactive multimedia software for providing patient education, medical instruction, and healthcare video, images, and text, in the fields of human anatomy,
health, health education, science, health insurance benefits, business marketing management for healthcare providers, and human resource management in the field of healthcare providers
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 04/06/2010
and first used in commerce at least as early as 04/06/2010 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for providing on-line computer databases featuring information in the fields of human anatomy and health
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 04/06/2010
and first used in commerce at least as early as 04/06/2010 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044 . The specimen(s) submitted consists of Screencap of log-in page for online database for anatomy depicting mark .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SUITE OF HEALTHCARE PRODUCTS apart from the mark as shown.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: 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, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /ppsmith/ Date: 05/07/2019
Signatory's Name: Pam P Smith
Signatory's Position: Attorney of record, Alabama bar member
Signatory's Phone Number: 205-226-3404
Response Signature
Signature: /ppmith/ Date: 05/07/2019
Signatory's Name: Pam P Smith
Signatory's Position: Attorney of record, Alabama bar member
Signatory's Phone Number: 205-226-3404
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
RAM Sale Number: 88285533
RAM Accounting Date: 05/07/2019
Serial Number: 88285533
Internet Transmission Date: Tue May 07 09:46:40 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XX.XXX-201905070946406879
34-88285533-620518a3e817e92a8972a1cfb39e
d62323cfb4ce3fe9cd11ef81bd0783148608a-CC
-9178-20190507092643496970