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. 88294963 HURGENT CARE(Standard Characters, see http://uspto.report/TM/88294963/mark.png) has been amended as follows:

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

Applicant hereby respectfully submits verified substitute specimens that (a) were in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) show the mark in actual use in commerce for the services identified in the statement of use. The verified substitute specimens are accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. ?2.20: The substitute specimen(s) was/were in use in commerce prior to expiration of the filing deadline for filing a statement of use. Additional Information and Document about the Specimens: (1) The substitute specimens show the use of the mark for the following: medical services; medical clinical services; urgent care services; acupuncture services; massage therapy services; sports medicine services; mental health services. (2) The specimens submitted were not created merely for submission with the application. The specimens include a clinic display actually used in the office, and advertisement for service obtained from the clinic's website. (3) Applicant advertises the services by displaying the mark in the clinic so that patients and visitors can view it. Applicant also advertises the service on the clinic's website, HeCare.net. A copy of the webpage is provided herewith. (4) For the services identified in response to question (1), four invoices are provided showing the services were first rendered or provided to or within the United States. The first invoice shows service provided on October 28, 2019 in the amount of $322.24; the second invoice shows service provided on January 12, 2020 in the amount of $230; the third invoice shows service provided on February 4, 2020 in the amount of $260; the fourth invoice shows service provided on February 5, 2020 in the amount of $350.

EVIDENCE
Evidence has been attached: A copy of the webpage advertising the services on which the applied-for mark is used.
Original PDF file:
evi_67161486-202003211818 00054510_._HeCares_Integr ative_sports_center_offer ...pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_67161486-202003301336 50852861_._Invoices.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Medical services; medical clinic services; urgent medical care services; acupuncture services; massage therapy services; sports medicine services; mental health services
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.

In International Class 044, the mark was first used at least as early as 10/15/2019 and first used in commerce at least as early as 10/15/2019.


Proposed:
Class 044 for Medical services; medical clinic services; urgent medical care services; acupuncture services; massage therapy services; sports medicine services; mental health services

Deleted Filing Basis: 1(b)
In International Class 044, the mark was first used at least as early as 10/15/2019 . and first used in commerce at least as early as 10/15/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 044. The specimen(s) submitted consists of Clinic Office Display; Clinic website screenshot; clinic website post.
"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].
Original PDF file:
SPU0-67161486-20200321135 914298068_._Specimen.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Frank HE, a citizen of United States, having an address of
      500 E Remington Dr. #25
      Sunnyvale, California 94087
      United States
      408-720-1766
      408 720-1763
Proposed: Frank HE, a citizen of United States, having an address of
      500 E Remington Dr. #25
      Sunnyvale, California 94087
      United States
      Email Address: XXXX
      408-720-1766
      408 720-1763
Correspondence Information (current):
      TIANJUN HOU
      PRIMARY EMAIL FOR CORRESPONDENCE: thou@houstconsulting.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 8062-0500.
Correspondence Information (proposed):
      Tianjun Hou
      PRIMARY EMAIL FOR CORRESPONDENCE: thou@houstconsulting.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@houstconsulting.com

The docket/reference number is 8062-0500.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Tianjun Hou/      Date: 03/30/2020
Signatory's Name: Tianjun Hou
Signatory's Position: Attorney of record
Signatory's Phone Number: 4089216160


Response Signature
Signature: /Tianjun Hou/     Date: 03/30/2020
Signatory's Name: Tianjun Hou
Signatory's Position: Attorney of record

Signatory's Phone Number: 4089216160

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:    TIANJUN HOU
   HOUST CONSULTING
   
   P.O. BOX 700092
   SAN JOSE, California 95170
Mailing Address:    Tianjun Hou
   HOUST CONSULTING
   P.O. BOX 700092
   SAN JOSE, California 95170
        
Serial Number: 88294963
Internet Transmission Date: Mon Mar 30 14:21:36 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202003301421367258
19-88294963-71058736c9ac55f871855619d344
60dc39df54bb3af56a4afa2a23e380cb3bdbe4-N
/A-N/A-20200330133650852861