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. 88375893 LA (Stylized and/or with Design, see http://uspto.report/TM/88375893/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments and response to Office Action. has been attached.
Original PDF file:
evi_2607fb90787aae3b0df1f0dd06a7dab-20191222233701013683_._LCA-003TM_Response_to_Office_Action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Providing counseling and consulting in the field of healthcare benefits; providing information on government financial assistance programs
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2011 and first used in commerce at least as early as 05/18/2011 , and is now in use in such commerce.

Proposed: Class 036 for Providing counseling and consulting in the field of healthcare benefits; providing information on government financial assistance programs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2011 and first used in commerce at least as early as 05/18/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 036 . The specimen(s) submitted consists of PDF of Website showing trademark in use. .
"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:
SPU0-2607fb90787aae3b0df1f0dd06a7dab-20191222233701013683_._SpecimenHealthcare.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Providing advocacy and case management services to older and disabled persons, namely, coordinating and monitoring legal, physical, social and psychological care services and providing support in the nature of emotional support; bereavement consulting; case management services, namely, coordination of legal, social and psychological services for elderly persons; in-home support services to senior persons, namely, life care management services in the nature of the coordination of necessary services and personal care for older individuals; mediation of disputes regarding elders, their families, caregivers and stakeholders; providing case management services, namely, coordinating legal, medical, physical, social, personal care and psychological services for older and disabled persons; providing non-medical assisted living services for personal purposes in the nature of scheduling appointments, answering the telephone, checking messages, mail sorting, mail handling, mail receiving and secretarial and clerical services; providing non-medical in-home personal services for individuals including checking home condition, supplies and individual well-being, scheduling appointments, running errands, making safety checks, and providing on-line information related to these personal services; providing patient advocate services in the field of care management; providing patient advocate services to hospital patients and patients in long term care facilities; providing personal support services for caregivers, partners, wives and husbands of the chronically ill and/or disabled, namely, companionship and emotional support
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2011 and first used in commerce at least as early as 05/18/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing advocacy and case management services to older and disabled persons, namely, coordinating and monitoring legal, physical, social and psychological care services and providing support in the nature of emotional support; bereavement consulting; case management services, namely, coordination of legal, social and psychological services for elderly persons; in-home support services to senior persons, namely, life care management services in the nature of the coordination of necessary services and personal care for older individuals; mediation of disputes regarding elders, their families, caregivers and stakeholders; providing case management services, namely, coordinating legal, medical, physical, social, personal care and psychological services for older and disabled persons; providing non-medical assisted living services for personal purposes in the nature of scheduling appointments, answering the telephone, checking messages, mail sorting, mail handling, mail receiving and secretarial and clerical services; providing non-medical in-home personal services for individuals including checking home condition, supplies and individual well-being, scheduling appointments, running errands, making safety checks, and providing on-line information related to these personal services; providing non-medical in-home personal services for individuals for assisting with daily living activities of disabled persons and the elderly namely checking home condition, supplies and individual well-being, scheduling appointments, running errands, making safety checks, and providing on-line information related to these non-medical in-home personal services; providing patient advocate services in the field of care management; providing patient advocate services in the field of elderly and disabled persons care management; providing patient advocate services to hospital patients and patients in long term care facilities; providing personal support services for caregivers, partners, wives and husbands of the chronically ill and/or disabled, namely, companionship and emotional supportClass 045 for Providing advocacy and case management services to older and disabled persons, namely, coordinating and monitoring legal, physical, social and psychological care services and providing support in the nature of emotional support; bereavement consulting; case management services, namely, coordination of legal, social and psychological services for elderly persons; in-home support services to senior persons, namely, life care management services in the nature of the coordination of necessary services and personal care for older individuals; mediation of disputes regarding elders, their families, caregivers and stakeholders; providing case management services, namely, coordinating legal, medical, physical, social, personal care and psychological services for older and disabled persons; providing non-medical assisted living services for personal purposes in the nature of scheduling appointments, answering the telephone, checking messages, mail sorting, mail handling, mail receiving and secretarial and clerical services; providing non-medical in-home personal services for individuals for assisting with daily living activities of disabled persons and the elderly namely checking home condition, supplies and individual well-being, scheduling appointments, running errands, making safety checks, and providing on-line information related to these non-medical in-home personal services; providing patient advocate services in the field of elderly and disabled persons care management; providing patient advocate services to hospital patients and patients in long term care facilities; providing personal support services for caregivers, partners, wives and husbands of the chronically ill and/or disabled, namely, companionship and emotional support
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2011 and first used in commerce at least as early as 05/18/2011 , and is now in use in such commerce.
The applicant's current attorney information: Jacob G. Weintraub. Jacob G. Weintraub of JWIP & PATENT SERVICES, LLC, is located at

      PO BOX 1265
      670 DEPOT STREET
      EASTON, Massachusetts 02334
      US
The docket/reference number is LCA-003TM.

The phone number is 508-631-2206.

The email address is jweintraub@jwpatents.com

The applicants proposed attorney information: Jacob G. Weintraub. Jacob G. Weintraub of JWIP & PATENT SERVICES, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 1265
      670 DEPOT STREET
      EASTON, Massachusetts 02334
      United States
The docket/reference number is LCA-003TM.

The phone number is 508-631-2206.

The email address is jweintraub@jwpatents.com

Jacob G. Weintraub 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: JACOB G. WEINTRAUB. JACOB G. WEINTRAUB of JWIP & PATENT SERVICES, LLC, is located at

      PO BOX 1265
      670 DEPOT STREET
      EASTON, Massachusetts 02334
      US
The docket/reference number is LCA-003TM.

The phone number is 508-631-2206.

The email address is jweintraub@jwpatents.com

The applicants proposed correspondence information: Jacob G. Weintraub. Jacob G. Weintraub of JWIP & PATENT SERVICES, LLC, is located at

      PO BOX 1265
      670 DEPOT STREET
      EASTON, Massachusetts 02334
      United States
The docket/reference number is LCA-003TM.

The phone number is 508-631-2206.

The email address is jweintraub@jwpatents.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the intersecting letters "LA" in stylized font.

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: /Jacob G. Weintraub/      Date: 12/23/2019
Signatory's Name: Jacob G. Weintraub
Signatory's Position: Attorney of Record, Massachusetts Bar member
Signatory's Phone Number: 508-631-2206


Response Signature
Signature: /Jacob G. Weintraub/     Date: 12/23/2019
Signatory's Name: Jacob G. Weintraub
Signatory's Position: Attorney of Record, Massachusetts Bar member

Signatory's Phone Number: 508-631-2206

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:    JACOB G. WEINTRAUB
   JWIP & PATENT SERVICES, LLC
   PO BOX 1265
   670 DEPOT STREET
   EASTON, Massachusetts 02334
Mailing Address:    Jacob G. Weintraub
   JWIP & PATENT SERVICES, LLC
   PO BOX 1265
   670 DEPOT STREET
   EASTON, Massachusetts 02334
        
Serial Number: 88375893
Internet Transmission Date: Mon Dec 23 00:22:27 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20191223002227883275-88375893-7
00ecf97b35ffe7a078bcc25f79427b98f2cc3c3b
d4e48aae88b119dacdec124d-N/A-N/A-2019122
2233701013683