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. 88362606 1928 (Stylized and/or with Design, see http://uspto.report/TM/88362606/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 Computer software; Software; Computer software in the form of apps; Electronic Databases; Recorded content; software for secure online data sharing; Computer software platforms; Artificial intelligence software for healthcare; Artificial intelligence software for analysis; Artificial intelligence software for surveillance; Artificial intelligence and machine learning software; Artificial intelligence software; Machine learning software; Machine learning software for surveillance; Machine learning software for analysis; Machine learning software for healthcare; computer software to facilitate infection control inspections and quality assurance
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software; Online and downloadable computer software; Software; Online and downloadable software; Computer software in the form of apps; Online and downloadable computer software in the form of apps used for database management and electronic storage of data in connection with clinical and research services in the fields of science and technology; Electronic Databases; Online and downloadable electronic databases; Recorded content; Recorded content, namely ,online computer software for electronic storage of data and database management of clinical and research services in the fields of science and technology; software for secure online data sharing; Online and downloadable computer software for secure online data sharing; Computer software platforms; Online and downloadable computer software platforms for electronic storage of data and database management in connection with clinical and research services in the fields of science and technology; Artificial intelligence software for healthcare; Online artificial intelligence software for analysis of healthcare data for clinical and research purposes; Artificial intelligence software for analysis; Online artificial intelligence software for surveillance; Artificial intelligence software for surveillance; Online artificial intelligence and machine learning software for clinical and research purposes; Artificial intelligence and machine learning software; Online machine learning software for analyzing healthcare data for clinical and research purposes; Artificial intelligence software; Online machine learning software for surveillance; Machine learning software; Online machine learning software for clinical and research purposes and for analysis of health care data for clinical and research purposes; Machine learning software for surveillance; Online computer software to facilitate infection control inspections and quality assurance; Machine learning software for analysis; Machine learning software for healthcare; computer software to facilitate infection control inspections and quality assuranceClass 009 for Online and downloadable computer software; Online and downloadable software; Online and downloadable computer software in the form of apps used for database management and electronic storage of data in connection with clinical and research services in the fields of science and technology; Online and downloadable electronic databases; Recorded content, namely ,online computer software for electronic storage of data and database management of clinical and research services in the fields of science and technology; Online and downloadable computer software for secure online data sharing; Online and downloadable computer software platforms for electronic storage of data and database management in connection with clinical and research services in the fields of science and technology; Online artificial intelligence software for analysis of healthcare data for clinical and research purposes; Online artificial intelligence software for surveillance; Online artificial intelligence and machine learning software for clinical and research purposes; Online machine learning software for analyzing healthcare data for clinical and research purposes; Online machine learning software for surveillance; Online machine learning software for clinical and research purposes and for analysis of health care data for clinical and research purposes; Online computer software to facilitate infection control inspections and quality assurance
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018037188 registered 08/07/2019 with a renewal date of __________ and an expiration date of 08/07/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-69126182134-091429993_._13784032.pdf
Converted PDF file(s) ( 11 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Science and technology services; Software as a service (SaaS); Providing computer software for medical and diagnostic services; IT services; Hosting services and software as a service and rental of software; Data warehousing; Computer security, protection and recovery; Monitoring of computer systems and network systems; peer - to - peer data sharing services; Design, development, and implementation of software for transforming raw data into actionable information for effective decision making in the field of healthcare organizations and solutions; Data authentication via blockchain; Data storage via blockchain; Certification of data via blockchain; Platform as a service (PAAS) featuring computer software platforms for performing predictive analytics, big data compilation and analysis, and health care data analysis; Platform as a service (paas); technical and healthcare data surveillance and assessment services; laboratory diagnostic tests; Laboratory diagnostics; laboratory diagnostic services; online laboratory diagnostic tests; Monitoring of bacteria
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Science and technology services; Clinical and research services in the field of science and technology; Software as a service (SaaS); Online and downloadable Software as a service (SaaS) featuring software for database processing and database analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens; Providing computer software for medical and diagnostic services; Providing use of non-downloadable computer software for medical and diagnostic services; IT services; IT consulting services; Hosting services and software as a service and rental of software; web site hosting services and software as a service featuring online and downloadable software for processing and analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens and rental of online and downloadable computer software; Data warehousing; Computer security, protection and recovery; Computer security, protection and data recovery services; Monitoring of computer systems and network systems; Monitoring of computer systems and network systems, namely, monitoring technological functions; peer - to - peer data sharing services; Providing an on-line network environment featuring technology that enables users to share peer to peer data in the field of medical and diagnostic services; Design, development, and implementation of software for transforming raw data into actionable information for effective decision making in the field of healthcare organizations and solutions; Data authentication via blockchain; Data authentication via blockchain-based software technology for maintaining health, diagnostic and medical records; Data storage via blockchain; Data storage via blockchain-based software technology for maintaining health, diagnostic and medical records; Certification of data via blockchain; Certification of data via blockchain-based software technology for maintaining health, diagnostic and medical records; Platform as a service (PAAS) featuring computer software platforms for performing predictive analytics, big data compilation and analysis, and health care data analysis; Platform as a service (paas); Platform as a service (PAAS) featuring computer software platforms for processing and analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens; technical and healthcare data surveillance and assessment services; Technical data surveillance and assessment services; laboratory diagnostic tests; Consulting services in the field of laboratory diagnostic tests, namely, analysis of genetic samplings, cultures, pathogens, microorganism and viruses; Laboratory diagnostics; Online consulting services in the field of laboratory diagnostic tests, namely, analysis of genetic samplings, cultures, pathogens, microorganism and viruses; laboratory diagnostic services; Monitoring of bacteria; online laboratory diagnostic tests; Online consulting services in the field of tracing of pathogens, microorganism and viruses, namely, outbreak surveillance, epidemiology and advice about the evolution of pathogensClass 042 for Clinical and research services in the field of science and technology; Online and downloadable Software as a service (SaaS) featuring software for database processing and database analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens; Providing use of non-downloadable computer software for medical and diagnostic services; IT consulting services; web site hosting services and software as a service featuring online and downloadable software for processing and analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens and rental of online and downloadable computer software; Data warehousing; Computer security, protection and data recovery services; Monitoring of computer systems and network systems, namely, monitoring technological functions; Providing an on-line network environment featuring technology that enables users to share peer to peer data in the field of medical and diagnostic services; Design, development, and implementation of software for transforming raw data into actionable information for effective decision making in the field of healthcare organizations and solutions; Data authentication via blockchain-based software technology for maintaining health, diagnostic and medical records; Data storage via blockchain-based software technology for maintaining health, diagnostic and medical records; Certification of data via blockchain-based software technology for maintaining health, diagnostic and medical records; Platform as a service (PAAS) featuring computer software platforms for performing predictive analytics, big data compilation and analysis, and health care data analysis; Platform as a service (PAAS) featuring computer software platforms for processing and analysis of genetic information for the diagnostics of disease and identification and tracing of pathogens; Technical data surveillance and assessment services; Consulting services in the field of laboratory diagnostic tests, namely, analysis of genetic samplings, cultures, pathogens, microorganism and viruses; Online consulting services in the field of laboratory diagnostic tests, namely, analysis of genetic samplings, cultures, pathogens, microorganism and viruses; Monitoring of bacteria; Online consulting services in the field of tracing of pathogens, microorganism and viruses, namely, outbreak surveillance, epidemiology and advice about the evolution of pathogens
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018037188 registered 08/07/2019 with a renewal date of __________ and an expiration date of 08/07/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-69126182134-091429993_._13784032.pdf
Converted PDF file(s) ( 11 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Human healthcare services; Medical services; Medical diagnostic services; Medical diagnostic testing services; Providing information relating to medical results and diagnostic tests; Diagnosis of infections and other illnesses; Supervision and monitoring (health care); Veterinary assistance; Tracing of pathogens; providing dental and medical information in the field of disease infection control; medical diagnostic tests; medical diagnostics; medical diagnostic services; online medical diagnostic tests Monitoring of bacteria
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Human healthcare services; Human mobile healthcare services; Medical services; Medical advisory services; Medical diagnostic services; Medical diagnostic tests; Medical diagnostic testing services; Medical diagnostics testing, monitoring and reporting services; Medical diagnostic services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; Diagnosis of infections and other illnesses; Medical diagnostic testing services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; Supervision and monitoring (health care); Online medical diagnostic tests; Veterinary assistance; Providing information relating to medical results and diagnostic tests; Tracing of pathogens; Performing diagnoses of infections and other illnesses; providing dental and medical information in the field of disease infection control; Technology supervision and monitoring in the field of health care; Monitoring of bacteria; medical diagnostics; Veterinary assistance services, namely, veterinary services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; medical diagnostic services; Consulting services in the fields of tracing of pathogens; online medical diagnostic tests Monitoring of bacteria; health assessment services, providing dental and medical information in the field of disease infection control; Healthcare data surveillance and assessment servicesClass 044 for Human mobile healthcare services; Medical advisory services; Medical diagnostic tests; Medical diagnostics testing, monitoring and reporting services; Medical diagnostic services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; Medical diagnostic testing services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; Online medical diagnostic tests; Providing information relating to medical results and diagnostic tests; Performing diagnoses of infections and other illnesses; Technology supervision and monitoring in the field of health care; Monitoring of bacteria; Veterinary assistance services, namely, veterinary services in the field of infectious diseases, pathogen tracing and in the field of bioinformatics; Consulting services in the fields of tracing of pathogens; health assessment services, providing dental and medical information in the field of disease infection control; Healthcare data surveillance and assessment services
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018037188 filed 03/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018037188 registered 08/07/2019 with a renewal date of __________ and an expiration date of 08/07/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-69126182134-091429993_._13784032.pdf
Converted PDF file(s) ( 11 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11

The applicant's current attorney information: Stacy J. Grossman. Stacy J. Grossman of LAW OFFICE OF STACY J. GROSSMAN, is located at

      888 SEVENTH AVENUE, 10TH FLOOR
      NEW YORK, New York 10106
      US

The phone number is 212-873-6120.

The email address is stacy@stacygrossmanlaw.com

The applicants proposed attorney information: Stacy J. Grossman. Stacy J. Grossman of Law Office of Stacy J. Grossman PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      888 SEVENTH AVENUE, 10TH FLOOR
      NEW YORK, New York 10106
      United States

The phone number is 212-873-6120.

The email address is stacy@stacygrossmanlaw.com

Stacy J. Grossman 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: STACY J. GROSSMAN. STACY J. GROSSMAN of LAW OFFICE OF STACY J. GROSSMAN, is located at

      888 SEVENTH AVENUE, 10TH FLOOR
      NEW YORK, New York 10106
      US

The phone number is 212-873-6120.

The email address is stacy@stacygrossmanlaw.com; ipDocket@stacygrossmanlaw.com

The applicants proposed correspondence information: Stacy J. Grossman. Stacy J. Grossman of Law Office of Stacy J. Grossman PLLC, is located at

      888 SEVENTH AVENUE, 10TH FLOOR
      NEW YORK, New York 10106
      United States

The phone number is 212-873-6120.

The email address is stacy@stacygrossmanlaw.com; ipDocket@stacygrossmanlaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the numbers 1928 in black, where the numbers 1 an 9 are arranged horizontally, and the numbers 2 and 8 are arranged vertically, in a smaller size, to align with the length of the 9; the enclosed portion of the number nine is shaded in blue, the enclosed portions of the number eight are shaded in blue and yellow.

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: /Stacy J. Grossman/      Date: 12/21/2019
Signatory's Name: Stacy J. Grossman
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone Number: (212) 873-6120


Response Signature
Signature: /Stacy J. Grossman/     Date: 12/21/2019
Signatory's Name: Stacy J. Grossman
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: (212) 873-6120

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:    STACY J. GROSSMAN
   LAW OFFICE OF STACY J. GROSSMAN
   
   888 SEVENTH AVENUE, 10TH FLOOR
   NEW YORK, New York 10106
Mailing Address:    Stacy J. Grossman
   Law Office of Stacy J. Grossman PLLC
   888 SEVENTH AVENUE, 10TH FLOOR
   NEW YORK, New York 10106
        
Serial Number: 88362606
Internet Transmission Date: Sat Dec 21 09:25:20 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912210925204
57889-88362606-70014dc56210bd8f33d6a86bb
fe755a198bb0ff1e1770b6f1a620e8e2d70aeb8-
N/A-N/A-20191221091429993744