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 |
88314163 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88314163/mark.png |
LITERAL ELEMENT |
CVS KIDNEY CARE |
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 solid heart shape appearing before the word "CVS", above the words "kidney care". |
ARGUMENT(S) |
Applicant has amended the identification of goods and services as requested by the Examining Attorney and as informally reviewed and approved by
the Examining Attorney on August 20. Please contact the undersigned with any questions, thank you. |
GOODS AND/OR SERVICES SECTION (010)(no change) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Healthcare operations management services, including, providing care coordination services to healthcare providers, including,
providing care coordination services to patients in collaboration with participating providers to guide patients to appropriate care, services and resources that assist patients in protecting and
improving their health with a particular focus on patients with kidney disease, and providing services to patients in the nature of researching and connecting patients to healthcare resources, case
management, coordination of care among health providers, dialysis providers, plan sponsors, and facilities, medication management, disease management, psychosocial support, lifestyle changes to
improve health, healthcare education, patient advocacy, compliance with their doctor's plan of care |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Healthcare operations management services, including, providing care coordination services to healthcare
providers, including, providing care coordination services to patients in collaboration with participating providers to guide patients to appropriate care, services and resources that assist patients
in protecting and improving their health with a particular focus on patients with kidney disease, and providing services to patients in the nature of researching and connecting patients to healthcare
resources, case management, coordination of care among health providers, dialysis providers, plan sponsors, and facilities, medication management, disease management, psychosocial support, lifestyle
changes to improve health, healthcare education, patient advocacy, compliance with their doctor's plan of care; Providing healthcare operations management
services for healthcare providers, namely, facilitating the administrative coordination of patient care among health providers, dialysis providers, health plan sponsors, health facilities, pharmacies
for medication management, physicians for disease management and psychosocial support, with a particular focus on patients with kidney disease |
FINAL DESCRIPTION |
Providing healthcare operations management services for healthcare providers, namely, facilitating the administrative coordination of
patient care among health providers, dialysis providers, health plan sponsors, health facilities, pharmacies for medication management, physicians for disease management and psychosocial support,
with a particular focus on patients with kidney disease |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Educational services, including, providing patient education and training in the field of kidney disease and treatment |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Educational services, including, providing patient education and training in the field of kidney disease
and treatment; Educational services, namely, providing patient education in the form of classes, seminars and workshops and training in the field of kidney
disease and treatment |
FINAL DESCRIPTION |
Educational services, namely, providing patient education in the form of classes, seminars and workshops and training in the field of
kidney disease and treatment |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical services; health care services; medical services in the field of nephrology, including, kidney dialysis services and providing
in-home treatment for patients with kidney disease; in-home hemodialysis and peritoneal dialysis services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical services; health care services; medical services in the field of nephrology, including, kidney dialysis services and providing
in-home treatment for patients with kidney disease; in-home hemodialysis and peritoneal dialysis services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (045)(current) |
INTERNATIONAL CLASS |
045 |
DESCRIPTION |
Healthcare operations management services, including, providing care coordination services to patients in the nature of researching and
connecting patients to healthcare resources, case management, coordination of care among health providers, dialysis providers, plan sponsors, facilities, medication management, disease management,
psychosocial support, healthcare education, patient advocacy, compliance with their doctor's plan of care |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (045)(proposed) |
INTERNATIONAL CLASS |
045 |
TRACKED TEXT DESCRIPTION |
Healthcare operations management services, including, providing care coordination services to patients
in the nature of researching and connecting patients to healthcare resources, case management, coordination of care among health providers, dialysis providers, plan sponsors, facilities, medication
management, disease management, psychosocial support, healthcare education, patient advocacy, compliance with their doctor's plan of care; Providing healthcare
case management services for health care coordination, namely, providing care coordination services to healthcare providers and patients for coordinating healthcare services, coordinating the
provision of individualized care to patients, facilitating and connecting patients to healthcare providers, dialysis providers, health plan sponsors, medical facilities, pharmacies for medication
management, physicians for disease management and psychosocial support, and patient advocacy support groups, with a particular focus on patients with kidney disease |
FINAL DESCRIPTION |
Providing healthcare case management services for health care coordination, namely, providing care coordination services to healthcare
providers and patients for coordinating healthcare services, coordinating the provision of individualized care to patients, facilitating and connecting patients to healthcare providers, dialysis
providers, health plan sponsors, medical facilities, pharmacies for medication management, physicians for disease management and psychosocial support, and patient advocacy support groups, with a
particular focus on patients with kidney disease |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use KIDNEY CARE apart from the mark as shown. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/miriam trudell/ |
SIGNATORY'S NAME |
Miriam D. Trudell |
SIGNATORY'S POSITION |
Attorney of record, Colorado bar member |
SIGNATORY'S PHONE NUMBER |
3038639700 |
DATE SIGNED |
08/21/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Aug 21 17:00:28 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0190821170028200030-88314
163-610105c49551ec04eb9cd
7762cb2ad1962ba85b463bab6
ce34f89e0e4f63836634-N/A-
N/A-20190821165842576303 |
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.
88314163 CVS KIDNEY CARE (Stylized and/or with Design, see http://uspto.report/TM/88314163/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has amended the identification of goods and services as requested by the Examining Attorney and as informally reviewed and approved by the Examining Attorney on August 20. Please contact
the undersigned with any questions, thank you.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Healthcare operations management services, including, providing care coordination services to healthcare providers, including, providing care coordination services to
patients in collaboration with participating providers to guide patients to appropriate care, services and resources that assist patients in protecting and improving their health with a particular
focus on patients with kidney disease, and providing services to patients in the nature of researching and connecting patients to healthcare resources, case management, coordination of care among
health providers, dialysis providers, plan sponsors, and facilities, medication management, disease management, psychosocial support, lifestyle changes to improve health, healthcare education,
patient advocacy, compliance with their doctor's plan of care
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: Healthcare operations management services, including, providing care coordination services to healthcare providers, including,
providing care coordination services to patients in collaboration with participating providers to guide patients to appropriate care, services and resources that assist patients in protecting and
improving their health with a particular focus on patients with kidney disease, and providing services to patients in the nature of researching and connecting patients to healthcare resources, case
management, coordination of care among health providers, dialysis providers, plan sponsors, and facilities, medication management, disease management, psychosocial support, lifestyle changes to
improve health, healthcare education, patient advocacy, compliance with their doctor's plan of care;
Providing healthcare operations management services for
healthcare providers, namely, facilitating the administrative coordination of patient care among health providers, dialysis providers, health plan sponsors, health facilities, pharmacies for
medication management, physicians for disease management and psychosocial support, with a particular focus on patients with kidney diseaseClass 035 for Providing healthcare operations
management services for healthcare providers, namely, facilitating the administrative coordination of patient care among health providers, dialysis providers, health plan sponsors, health facilities,
pharmacies for medication management, physicians for disease management and psychosocial support, with a particular focus on patients with kidney disease
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, including, providing patient education and training in the field of kidney disease and treatment
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: Educational services, including, providing patient education and training in the field of kidney disease and treatment;
Educational services, namely, providing patient education in the form of classes, seminars and workshops and training in the field of kidney disease and
treatmentClass 041 for Educational services, namely, providing patient education in the form of classes, seminars and workshops and training in the field of kidney disease and treatment
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical services; health care services; medical services in the field of nephrology, including, kidney dialysis services and providing in-home treatment for patients
with kidney disease; in-home hemodialysis and peritoneal dialysis services
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: Class 044 for Medical services; health care services; medical services in the field of nephrology, including, kidney dialysis services and providing in-home treatment for patients
with kidney disease; in-home hemodialysis and peritoneal dialysis 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Healthcare operations management services, including, providing care coordination services to patients in the nature of researching and connecting patients to healthcare
resources, case management, coordination of care among health providers, dialysis providers, plan sponsors, facilities, medication management, disease management, psychosocial support, healthcare
education, patient advocacy, compliance with their doctor's plan of care
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: Healthcare operations management services, including, providing care coordination services to patients in the nature of researching and
connecting patients to healthcare resources, case management, coordination of care among health providers, dialysis providers, plan sponsors, facilities, medication management, disease management,
psychosocial support, healthcare education, patient advocacy, compliance with their doctor's plan of care;
Providing healthcare case management services for
health care coordination, namely, providing care coordination services to healthcare providers and patients for coordinating healthcare services, coordinating the provision of individualized care to
patients, facilitating and connecting patients to healthcare providers, dialysis providers, health plan sponsors, medical facilities, pharmacies for medication management, physicians for disease
management and psychosocial support, and patient advocacy support groups, with a particular focus on patients with kidney diseaseClass 045 for Providing healthcare case management services for
health care coordination, namely, providing care coordination services to healthcare providers and patients for coordinating healthcare services, coordinating the provision of individualized care to
patients, facilitating and connecting patients to healthcare providers, dialysis providers, health plan sponsors, medical facilities, pharmacies for medication management, physicians for disease
management and psychosocial support, and patient advocacy support groups, with a particular focus on patients with kidney disease
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.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use KIDNEY CARE apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /miriam trudell/ Date: 08/21/2019
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 3038639700
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.
Serial Number: 88314163
Internet Transmission Date: Wed Aug 21 17:00:28 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019082117002820
0030-88314163-610105c49551ec04eb9cd7762c
b2ad1962ba85b463bab6ce34f89e0e4f63836634
-N/A-N/A-20190821165842576303