Response to Office Action

CARE

Integrative Medicine Institute (IMI)

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88383702
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK http://uspto.report/TM/88383702/mark.png
LITERAL ELEMENT CARE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The applied-for mark is refused registration, because of a likelihood of confusion with the mark(s) in U.S. Registration No. 5024819 in classes 16 and 41. In response, applicant amends its identification to clarify and limit its goods. If necessary, Applicant reserves its rights to present the arguments at a later time. The likelihood of confusion refusal is now moot.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Downloadable printed instructional materials, templates and printed writing guidelines and checklists for clinicians, researchers, educators, and patients; Providing online case-report writing course in the field of healthcare; Providing open source web site and database that enable users to download guidelines and checklists, access journals and access writing tools and translations for writing case reports in the field of healthcare
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/10/2013
        FIRST USE IN COMMERCE DATE At least as early as 09/10/2013
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable printed instructional materials, templates and printed writing guidelines and checklists for clinicians, researchers, educators, and patients; Downloadable health research reporting guidelines, checklists and publications in the nature of medical journals and preprint servers for clinicians, researchers, educators, and patients all in the field of healthcare; Providing online case-report writing course in the field of healthcare; Providing open source web site and database that enable users to download guidelines and checklists, access journals and access writing tools and translations for writing case reports in the field of healthcare
FINAL DESCRIPTION
Downloadable health research reporting guidelines, checklists and publications in the nature of medical journals and preprint servers for clinicians, researchers, educators, and patients all in the field of healthcare
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/10/2013
       FIRST USE IN COMMERCE DATE At least as early as 09/10/2013
ATTORNEY SECTION (current)
NAME Thomas W. Cole
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
STREET 7918 JONES BRANCH DRIVE, SUITE 500
CITY MCLEAN
STATE Virginia
POSTAL CODE 22102
COUNTRY US
PHONE 703-677-3001
FAX 703-848-2981
EMAIL tcole@rmsc2.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Thomas W. Cole
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
STREET 7918 JONES BRANCH DRIVE, SUITE 500
CITY MCLEAN
STATE Virginia
POSTAL CODE 22102
COUNTRY United States
PHONE 703-677-3001
FAX 703-848-2981
EMAIL tcole@rmsc2.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME THOMAS W. COLE
FIRM NAME ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
STREET 7918 JONES BRANCH DRIVE, SUITE 500
CITY MCLEAN
STATE Virginia
POSTAL CODE 22102
COUNTRY US
PHONE 703-677-3001
FAX 703-848-2981
EMAIL tcole@rmsc2.com; trademarks@rmsc2.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Thomas W. Cole
FIRM NAME ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
STREET 7918 JONES BRANCH DRIVE, SUITE 500
CITY MCLEAN
STATE Virginia
POSTAL CODE 22102
COUNTRY United States
PHONE 703-677-3001
FAX 703-848-2981
EMAIL tcole@rmsc2.com; trademarks@rmsc2.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Thomas W. Cole/
SIGNATORY'S NAME Thomas W. Cole
SIGNATORY'S POSITION Attorney VA bar
SIGNATORY'S PHONE NUMBER 703-677-3001
DATE SIGNED 12/08/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Dec 08 21:36:07 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
191208213607680245-883837
02-700f98efc2e8ad69602aa4
e13c5b635dc66855617a7d7a1
ef918911b88e624c0-N/A-N/A
-20191207174419604181



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. 88383702 CARE(Standard Characters, see http://uspto.report/TM/88383702/mark.png) has been amended as follows:

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

The applied-for mark is refused registration, because of a likelihood of confusion with the mark(s) in U.S. Registration No. 5024819 in classes 16 and 41. In response, applicant amends its identification to clarify and limit its goods. If necessary, Applicant reserves its rights to present the arguments at a later time. The likelihood of confusion refusal is now moot.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable printed instructional materials, templates and printed writing guidelines and checklists for clinicians, researchers, educators, and patients; Providing online case-report writing course in the field of healthcare; Providing open source web site and database that enable users to download guidelines and checklists, access journals and access writing tools and translations for writing case reports in the field of healthcare
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 09/10/2013 and first used in commerce at least as early as 09/10/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable printed instructional materials, templates and printed writing guidelines and checklists for clinicians, researchers, educators, and patients; Downloadable health research reporting guidelines, checklists and publications in the nature of medical journals and preprint servers for clinicians, researchers, educators, and patients all in the field of healthcare; Providing online case-report writing course in the field of healthcare; Providing open source web site and database that enable users to download guidelines and checklists, access journals and access writing tools and translations for writing case reports in the field of healthcareClass 009 for Downloadable health research reporting guidelines, checklists and publications in the nature of medical journals and preprint servers for clinicians, researchers, educators, and patients all in the field of healthcare
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 09/10/2013 and first used in commerce at least as early as 09/10/2013 , and is now in use in such commerce.
The applicant's current attorney information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      US

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com

The applicants proposed attorney information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      United States

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com

Thomas W. Cole 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: THOMAS W. COLE. THOMAS W. COLE of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      US

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com; trademarks@rmsc2.com

The applicants proposed correspondence information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      United States

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com; trademarks@rmsc2.com

SIGNATURE(S)
Response Signature
Signature: /Thomas W. Cole/     Date: 12/08/2019
Signatory's Name: Thomas W. Cole
Signatory's Position: Attorney VA bar

Signatory's Phone Number: 703-677-3001

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:    THOMAS W. COLE
   ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
   
   7918 JONES BRANCH DRIVE, SUITE 500
   MCLEAN, Virginia 22102
Mailing Address:    Thomas W. Cole
   ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
   7918 JONES BRANCH DRIVE, SUITE 500
   MCLEAN, Virginia 22102
        
Serial Number: 88383702
Internet Transmission Date: Sun Dec 08 21:36:07 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191208213607680
245-88383702-700f98efc2e8ad69602aa4e13c5
b635dc66855617a7d7a1ef918911b88e624c0-N/
A-N/A-20191207174419604181



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