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)

---

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. 88333196 UNITY(Standard Characters, see http://uspto.report/TM/88333196/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 mobile application used in conjunction with blood glucose meter and insulin delivery devices for management of diabetes including, capturing, measuring, monitoring, and tracking blood glucose, predicting blood glucose levels, providing recommendations for insulin dosage requirements, and controlling medicament delivery in the field of diabetes management; computer software for use by healthcare providers and patients with diabetes for use in the collection, display, transmission, management, monitoring, tracking, and sharing of health and medical information for management of diabetes
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: Downloadable mobile application used in conjunction with blood glucose meter and insulin delivery devices for management of diabetes including, capturing, measuring, monitoring, and tracking blood glucose, predicting blood glucose levels, providing recommendations for insulin dosage requirements, and controlling medicament delivery in the field of diabetes management; computer software for use by healthcare providers and patients with diabetes for use in the collection, display, transmission, management, monitoring, tracking, and sharing of health and medical information for management of diabetes; downloadable computer software for use by healthcare providers and patients with diabetes for use in the collection, display, transmission, management, monitoring, tracking, and sharing of health and medical information for management of diabetesClass 009 for Downloadable mobile application used in conjunction with blood glucose meter and insulin delivery devices for management of diabetes including, capturing, measuring, monitoring, and tracking blood glucose, predicting blood glucose levels, providing recommendations for insulin dosage requirements, and controlling medicament delivery in the field of diabetes management; downloadable computer software for use by healthcare providers and patients with diabetes for use in the collection, display, transmission, management, monitoring, tracking, and sharing of health and medical information for management of diabetes
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 010 for Medical devices for use in managing diabetes, namely, replacement caps for insulin injection devices capable of capturing, measuring, tracking, and monitoring insulin dosage amounts; diabetes supplies and supply kits for managing diabetes including, blood glucose meters, pen cap with embedded software for collecting time and dosage data, pen cap charging device, single-use pen needles for injecting insulin, continuous glucose monitoring sensor for monitoring glucose levels, test strips, lancing device, lancets, alcohol pads, and carrying case
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: Medical devices for use in managing diabetes, namely, replacement caps for insulin injection devices capable of capturing, measuring, tracking, and monitoring insulin dosage amounts; diabetes supplies and supply kits for managing diabetes including, blood glucose meters, pen cap with embedded software for collecting time and dosage data, pen cap charging device, single-use pen needles for injecting insulin, continuous glucose monitoring sensor for monitoring glucose levels, test strips, lancing device, lancets, alcohol pads, and carrying case; medical test kits for managing diabetes consisting of blood glucose meters, pen cap with embedded software for collecting time and dosage data, pen cap charging device, single-use pen needles for injecting insulin, continuous glucose monitoring sensor for monitoring glucose levels, test strips, lancing device, lancets, alcohol pads, and carrying caseClass 010 for Medical devices for use in managing diabetes, namely, replacement caps for insulin injection devices capable of capturing, measuring, tracking, and monitoring insulin dosage amounts; medical test kits for managing diabetes consisting of blood glucose meters, pen cap with embedded software for collecting time and dosage data, pen cap charging device, single-use pen needles for injecting insulin, continuous glucose monitoring sensor for monitoring glucose levels, test strips, lancing device, lancets, alcohol pads, and carrying case
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 042 for Software as a service, namely, providing access to and use of software with remote access and interoperability with blood glucose meters and mobile applications for data management, monitoring, tracking, sharing, analyzing and viewing of health and medical information for the management of diabetes
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 as a service, namely, providing access to and use of software with remote access and interoperability with blood glucose meters and mobile applications for data management, monitoring, tracking, sharing, analyzing and viewing of health and medical information for the management of diabetes; Software as a service (SAAS) services, namely, providing access to and use of software with remote access and interoperability with blood glucose meters and mobile applications for data management, monitoring, tracking, sharing, analyzing and viewing of health and medical information for the management of diabetesClass 042 for Software as a service (SAAS) services, namely, providing access to and use of software with remote access and interoperability with blood glucose meters and mobile applications for data management, monitoring, tracking, sharing, analyzing and viewing of health and medical information for the management of diabetes
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.

SIGNATURE(S)
Response Signature
Signature: /Jana L. France/     Date: 05/29/2019
Signatory's Name: Jana L. France
Signatory's Position: Attorney of Record, Minnesota Bar Member

Signatory's Phone Number: 763-208-9847

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.

        
Serial Number: 88333196
Internet Transmission Date: Wed May 29 16:18:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201905291618430
54807-88333196-6203ea90a8ae3f1a74a467f1c
cc5821b874dccf839723cb19c58b2bc59ff6fa2-
N/A-N/A-20190529154841917336