Response to Office Action

MCKESSON

McKesson Corporation

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 88411765
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88411765/mark.png
LITERAL ELEMENT MCKESSON
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)

Refusal To Register—Surname


Applicant submits the following statement for the record:


The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


Specimen Does Not Show Use With Services (Classes 042 or 044)


 

The USPTO states that the Applicant’s “…distributorship services…” must be offered for the benefit of someone other than the applicant in order to qualify as a registrable service.  Respectfully, Applicant’s services are offered specifically for use by and for the benefit of third parties by way of the distribution/sale of its pharmaceutical and medical and surgical supplies to third parties, including pharmacies, hospitals, and medical practices. 


 

Applicant’s specimen already made of record clearly advertises use of the mark with respect to wholesale distribution of pharmaceuticals, and medical and surgical supplies, and the provision of pharmacy and health care technology, solutions, and services.  The Applicant resubmits the specimen of use originally submitted along with links to the relevant pages on which each of these services are advertised.








 

GOODS AND/OR SERVICES SECTION (003)(current)
INTERNATIONAL CLASS 003
DESCRIPTION
Personal hygiene and personal care products, namely, toothpaste, denture cleansers, mouthwash, fluoride varnish, deodorants and antiperspirants, baby oil, body wash, shampoo, hand sanitizer gel, perineal wash, moisturizers, skin creams, skin cleansers, premoistened disposable wipes, baby wipes, emery boards, baby powder, shaving cream, shaving gel, ear wash systems
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (003)(proposed)
INTERNATIONAL CLASS 003
TRACKED TEXT DESCRIPTION
Personal hygiene and personal care products, namely, toothpaste, denture cleansers, mouthwash, fluoride varnish, deodorants and antiperspirants, baby oil, body wash, shampoo, hand sanitizer gel, perineal wash, moisturizers, skin creams, skin cleansers, premoistened disposable wipes, baby wipes, emery boards, baby powder, shaving cream, shaving gel, ear wash systems; Personal hygiene and personal care products, namely toothpaste, denture cleansers, non-medicated mouthwash, fluoride varnish, namely, a topical fluoride used to prevent tooth decay; personal deodorants and antiperspirants, baby oil, body wash, shampoo, perineal body wash, hand and body moisturizers, skin creams, skin cleansers, pre-moistened disposable wipes impregnated with cleansing compound for use on the perineum, torso, back, hands, arms, feet, and legs, baby wipes impregnated with cleaning preparations, baby powder, shaving cream, shaving gel, ear wash systems comprising a spray bottle, a wash basin, and ear tips.
FINAL DESCRIPTION
Personal hygiene and personal care products, namely toothpaste, denture cleansers, non-medicated mouthwash, fluoride varnish, namely, a topical fluoride used to prevent tooth decay; personal deodorants and antiperspirants, baby oil, body wash, shampoo, perineal body wash, hand and body moisturizers, skin creams, skin cleansers, pre-moistened disposable wipes impregnated with cleansing compound for use on the perineum, torso, back, hands, arms, feet, and legs, baby wipes impregnated with cleaning preparations, baby powder, shaving cream, shaving gel, ear wash systems comprising a spray bottle, a wash basin, and ear tips.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (005)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners; lubricating jelly; medicated skin care preparations, namely, comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin protectants, powders, barriers, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated prep pads; saline solution; sterile water; silver nitrate applicators; ultrasound gel; topical pain relief spray; over-the-counter pain relief tablets; acetaminophen; aspirin; ibuprofen; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for medical instruments; wound care products, namely, dressings, adhesive bandages, medical and surgical tape, gauze sponges, cotton balls, dressing retention tape, compression bandages, Unna boots, adhesive remover wipes, tubular bandages, elastic bandages, adhesive dressings, conforming bandages, eye protectors, swab sticks, retainer dressings, non-adherent dressings, eye pads, abdominal pads, foam dressings, silicone foam dressings, hydrocolloid dressings, xeroform petrolatum dressings, impregnated dressings, hydrogel dressings, calcium alginate dressings, wound packing strips, surgical sponges, transparent film dressings, barrier island dressings, contact layer dressings, dressing change trays, wound measuring devices, and collagen dressings
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (005)(proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners; incontinence liners in the nature of guards; lubricating jelly; personal lubricating jelly; medicated skin care preparations, namely, comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin protectants, powders, barriers, antifungal creams and powders; medicated skin care preparations, namely comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin creams, skin lotions, powders, skin barrier powder that absorbs moisture and forms a barrier on the skin for protection from itching, moist, irritated, or broken skin, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide; hydrogen peroxide for medical use; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated prep pads; alcohol treated disinfecting wipes for use as prep pads; saline solution; medical saline solution; sterile water; sterile water for the moistening of wound dressings, wound debridement, and medical device irrigation; silver nitrate applicators; silver nitrate for medical purposes sold in applicators; ultrasound gel; medical ultrasound gel; topical pain relief spray; topical pain relief medication in the form of a spray; over-the-counter pain relief tablets; over-the-counter pain relief medication in the form of tablets; acetaminophen; aspirin; ibuprofen; ibuprofen for use as an oral analgesic; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for medical instruments; cleansers and disinfectants for cleaning medical instruments; wound care products, namely, dressings, adhesive bandages, medical and surgical tape, gauze sponges, cotton balls, dressing retention tape, compression bandages, Unna boots, adhesive remover wipes, tubular bandages, elastic bandages, adhesive dressings, conforming bandages, eye protectors, swab sticks, retainer dressings, non-adherent dressings, eye pads, abdominal pads, foam dressings, silicone foam dressings, hydrocolloid dressings, xeroform petrolatum dressings, impregnated dressings, hydrogel dressings, calcium alginate dressings, wound packing strips, surgical sponges, transparent film dressings, barrier island dressings, contact layer dressings, dressing change trays, wound measuring devices, and collagen dressings; wound care products, namely, dressings, adhesive bandages, medical adhesive tape and surgical tape, gauze sponges, cotton balls for medical purposes, medical adhesive tape in the nature of dressing retention tape, gauze dressing in the nature of unna boots, adhesive remover wipes, namely, wipes that remove adhesive tape, adhesive residue, and ostomy pouches from the skin, tubular bandages for dressings, elastic bandages for dressings, self-adhesive dressings, conforming bandages for dressings, eye protectors, namely, patient eye covers for protection during surgical or medical procedures and eye patches for medical use, cotton swabs for medical use in the nature of swab sticks, retainer dressings, namely, sterilized dressings that stretch to conform to the body's contours, non-adherent dressings, namely, absorbent non-woven pads with non-stick formulation that will not adhere to wounds, medical eye pads, foam dressings for wounds, silicone foam dressings for acute and chronic wounds such as venous leg ulcers, pressure ulcers, diabetic ulcers, and traumatic wounds, hydrocolloid medical dressings, medical xeroform petrolatum dressings, medical impregnated dressings, medical hydrogel dressings, medical calcium alginate dressings, gauze for use as wound packing strips, transparent medical film dressings, medical barrier island dressings, medical contact layer dressings and medical collagen dressings; hand sanitizer gels.
FINAL DESCRIPTION
Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners in the nature of guards; personal lubricating jelly; medicated skin care preparations, namely comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin creams, skin lotions, powders, skin barrier powder that absorbs moisture and forms a barrier on the skin for protection from itching, moist, irritated, or broken skin, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide for medical use; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated disinfecting wipes for use as prep pads; medical saline solution; sterile water for the moistening of wound dressings, wound debridement, and medical device irrigation; silver nitrate for medical purposes sold in applicators; medical ultrasound gel; topical pain relief medication in the form of a spray; over-the-counter pain relief medication in the form of tablets; acetaminophen; aspirin; ibuprofen for use as an oral analgesic; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for cleaning medical instruments; wound care products, namely, dressings, adhesive bandages, medical adhesive tape and surgical tape, gauze sponges, cotton balls for medical purposes, medical adhesive tape in the nature of dressing retention tape, gauze dressing in the nature of unna boots, adhesive remover wipes, namely, wipes that remove adhesive tape, adhesive residue, and ostomy pouches from the skin, tubular bandages for dressings, elastic bandages for dressings, self-adhesive dressings, conforming bandages for dressings, eye protectors, namely, patient eye covers for protection during surgical or medical procedures and eye patches for medical use, cotton swabs for medical use in the nature of swab sticks, retainer dressings, namely, sterilized dressings that stretch to conform to the body's contours, non-adherent dressings, namely, absorbent non-woven pads with non-stick formulation that will not adhere to wounds, medical eye pads, foam dressings for wounds, silicone foam dressings for acute and chronic wounds such as venous leg ulcers, pressure ulcers, diabetic ulcers, and traumatic wounds, hydrocolloid medical dressings, medical xeroform petrolatum dressings, medical impregnated dressings, medical hydrogel dressings, medical calcium alginate dressings, gauze for use as wound packing strips, transparent medical film dressings, medical barrier island dressings, medical contact layer dressings and medical collagen dressings; hand sanitizer gels.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (008)(current)
INTERNATIONAL CLASS 008
DESCRIPTION Disposable razors, razor blades; nail clippers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (008)(proposed)
INTERNATIONAL CLASS 008
TRACKED TEXT DESCRIPTION
Disposable razors, razor blades; nail clippers; emory boards; eating and drinking utensils, namely spoons, forks, knives for use as tableware.
FINAL DESCRIPTION
Disposable razors, razor blades; nail clippers; emory boards; eating and drinking utensils, namely spoons, forks, knives for use as tableware.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION Thermometers and thermometers sheaths; batteries
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Thermometers and thermometers sheaths; Batteries
FINAL DESCRIPTION Batteries
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
House mark for a full line of medical and surgical products, equipment, and supplies, namely, medical staff and patient apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; exam and surgical gloves; glove box holders and dispensers; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes; surgical instruments; ambulatory products, namely, walkers, rollators, crutches, canes, and accessories and replacement parts thereof; bath safety products, namely, bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories, namely, patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids; IV poles; IV start kits; respiratory products, namely, anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely, catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely, lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely, manually operated exercise bands and hand putty; orthopedic products, namely, splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely, exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely, sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
House mark for a full line of medical and surgical products, equipment, and supplies, namely, medical staff and patient apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; Medical and surgical products, equipment, and supplies, namely, medical staff apparel in the nature of surgical scrub tops and pants and patient treatment apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; exam and surgical gloves; medical exam and surgical gloves; glove box holders and dispensers; glove box holders and dispensers designed for medical use; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses; cold and hot compresses, namely, chemically activated instant cold and hot compresses and therapeutic compresses for cold or hot therapy using a non-toxic gel that can be brought to the preferred temperature through freezing or microwaving; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems; glucose monitoring systems comprising devices for monitoring blood glucose for medical purposes; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes; suction connector tubing and suction tubes that act as the pathway from which medical suction devices evacuate and drain fluids and debris during medical and surgical procedures; surgical instruments; ambulatory products, namely, walkers, rollators, crutches, canes, and accessories and replacement parts thereof; ambulatory products, namely orthopedic walkers, rollators, crutches, medical canes, and accessories and replacement parts thereof; bath safety products, namely, bath benches, bath stools; bath safety products designed exclusively for medical use, namely bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories, namely, patient lifts, patient slings, and gait belts; transfer equipment and accessories for patient treatment, namely patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids; reaching aids that enable patients with a limited range of motion to pick up and grab objects without having to bend over or stretch; IV poles; IV start kits; respiratory products, namely, anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; respiratory products, namely anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely, catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urological products, namely catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely, lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; clinical laboratory products, namely lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely, manually operated exercise bands and hand putty; rehabilitative and physical therapy devices, namely manually operated exercise bands and hand putty; orthopedic products, namely, splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; orthopedic products, namely splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely, exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; medical furniture, namely exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely, sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; wound closure products, namely sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; Compression bandages, abdominal pads, surgical sponges, medical trays in the nature of dressing change trays; medical wound measuring devices; medical thermometers and thermometers sheaths adapted for use with medical thermometers, commode chairs; laundry bags in the nature of bags for medical waste.
FINAL DESCRIPTION
Medical and surgical products, equipment, and supplies, namely, medical staff apparel in the nature of surgical scrub tops and pants and patient treatment apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; medical exam and surgical gloves; glove box holders and dispensers designed for medical use; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses, namely, chemically activated instant cold and hot compresses and therapeutic compresses for cold or hot therapy using a non-toxic gel that can be brought to the preferred temperature through freezing or microwaving; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems comprising devices for monitoring blood glucose for medical purposes; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes that act as the pathway from which medical suction devices evacuate and drain fluids and debris during medical and surgical procedures; surgical instruments; ambulatory products, namely orthopedic walkers, rollators, crutches, medical canes, and accessories and replacement parts thereof; bath safety products designed exclusively for medical use, namely bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories for patient treatment, namely patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids that enable patients with a limited range of motion to pick up and grab objects without having to bend over or stretch; IV poles; IV start kits; respiratory products, namely anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely manually operated exercise bands and hand putty; orthopedic products, namely splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; Compression bandages, abdominal pads, surgical sponges, medical trays in the nature of dressing change trays; medical wound measuring devices; medical thermometers and thermometers sheaths adapted for use with medical thermometers, commode chairs; laundry bags in the nature of bags for medical waste.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (011)(current)
INTERNATIONAL CLASS 011
DESCRIPTION Sitz baths; showerheads; commodes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (011)(proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
Sitz baths; showerheads; commodes
FINAL DESCRIPTION Sitz baths; showerheads
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (012)(no change)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
ECG paper; toilet paper; facial tissue; exam table paper; trash bags and liners
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
ECG paper; toilet paper; facial tissue; exam table paper; medical examination table paper; trash bags and liners; trash bags and liners.
FINAL DESCRIPTION
ECG paper; toilet paper; facial tissue; medical examination table paper; trash bags and liners.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (020)(current)
INTERNATIONAL CLASS 020
DESCRIPTION Pillows
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (020)(proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
Pillows; Mattresses
FINAL DESCRIPTION Mattresses
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION
Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, spoons, forks, knives, cups, and straws; dispensers for liquid soaps; paper towel dispensers; hygiene dispensing stations; toilet paper dispensers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, spoons, forks, knives, cups, and straws; eating and drinking utensils, namely, cups, and drinking straws; dispensers for liquid soaps; paper towel dispensers; paper towel dispensers for household use; hygiene dispensing stations; hygiene dispensing stations, namely, floor-stand units that can dispense items for infection prevention such as tissues, medical face masks, medical examination gloves, and hand sanitizing gel; toilet paper dispensers; toilet paper dispensers.
FINAL DESCRIPTION
Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, cups, and drinking straws; dispensers for liquid soaps; paper towel dispensers for household use; hygiene dispensing stations, namely, floor-stand units that can dispense items for infection prevention such as tissues, medical face masks, medical examination gloves, and hand sanitizing gel ; toilet paper dispensers.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (022)(no change)
GOODS AND/OR SERVICES SECTION (024)(current)
INTERNATIONAL CLASS 024
DESCRIPTION
Towels, blankets, sheets, pillowcases, mattresses, mattress overlays, and washcloths
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (024)(proposed)
INTERNATIONAL CLASS 024
TRACKED TEXT DESCRIPTION
Towels, blankets, sheets, pillowcases, mattresses, mattress overlays, and washcloths; Towels; wool blankets, polyester blankets, cotton blankets, mylar rescue blankets, foam rescue blankets, bed sheets, pillowcases, mattress overlays, namely, mattress pads, and washcloths.
FINAL DESCRIPTION
Towels; wool blankets, polyester blankets, cotton blankets, mylar rescue blankets, foam rescue blankets, bed sheets, pillowcases, mattress overlays, namely, mattress pads, and washcloths.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2010
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (044)(class deleted)
GOODS AND/OR SERVICES SECTION (035)(class added)Original Class (044)
INTERNATIONAL CLASS 035
DESCRIPTION
Wholesale distributorship services in the field of pharmaceuticals, medical and surgical supplies, personal care, and health and beauty products.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing health information technology and care management tools, for example, outpatient infusion management services; payment processing software and accompanying hardware to manage sales transactions, inventory, pricing and promotions at a single pharmacy or across multiple sites; pharmacy business consulting and optimization services; software for pharmacy management to track and transfer patient prescriptions, and to compare and analyze store volume, productivity ratios, key performance measures, and profit margins; web-based specialty medication inventory management systems; consulting services for medical practices that include strategic planning, product management, and technology integration; pharmacy management system for prescription processing and claims adjudication; oncology electronic health records that provide secure web-based, mobile-optimized access to patient charts, comprehensive point-of-care treatment decision support, and customizable features for integration into existing workflow; software that enables adherence to nationally recognized clinical guidelines; and software for providing secure communications between healthcare providers and patient.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2010
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2010
       STATEMENT TYPE "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].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-143112324-20200106161020452416_._McKesson_Logo_-_Classes_35_and_42_-_SP_-_Website_advertising.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\117\88411765\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\117\88411765\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\117\88411765\xml6\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\117\88411765\xml6\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\117\88411765\xml6\ROA0006.JPG
       SPECIMEN DESCRIPTION website advertising at the following: http://www.mckesson.com/Pharmaceutical-Distribution/, http://www.mckesson.com/Medical-Supplies/, and http://www.mckesson.com/Pharmacy-Management/.
ATTORNEY SECTION (current)
NAME Auma N. Reggy
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MCKESSON CORPORATION
INTERNAL ADDRESS LAW DEPARTMENT
STREET 2 NATIONAL DATA PLAZA, NE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30329
COUNTRY US
PHONE 404-461-5216
FAX 404-461-1457
EMAIL legal.trademarks@mckesson.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Auma N. Reggy
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME MCKESSON CORPORATION
INTERNAL ADDRESS LAW DEPARTMENT
STREET 2 NATIONAL DATA PLAZA, NE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30329
COUNTRY United States
PHONE 404-461-5216
FAX 404-461-1457
EMAIL legal.trademarks@mckesson.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME AUMA N. REGGY
FIRM NAME MCKESSON CORPORATION
INTERNAL ADDRESS LAW DEPARTMENT
STREET 2 NATIONAL DATA PLAZA, NE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30329
COUNTRY US
PHONE 404-461-5216
FAX 404-461-1457
EMAIL legal.trademarks@mckesson.com; auma.reggy@mckesson.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Auma N. Reggy
FIRM NAME MCKESSON CORPORATION
INTERNAL ADDRESS LAW DEPARTMENT
STREET 2 NATIONAL DATA PLAZA, NE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30329
COUNTRY United States
PHONE 404-461-5216
FAX 404-461-1457
EMAIL legal.trademarks@mckesson.com; auma.reggy@mckesson.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
PAYMENT SECTION
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 275
SIGNATURE SECTION
DECLARATION SIGNATURE /anr/
SIGNATORY'S NAME Auma N. Reggy
SIGNATORY'S POSITION Chief Trademark Counsel, Attorney of Record, Georgia Bar member
SIGNATORY'S PHONE NUMBER (404) 461-5216
DATE SIGNED 01/06/2020
RESPONSE SIGNATURE /anr/
SIGNATORY'S NAME Auma N. Reggy
SIGNATORY'S POSITION Chief Trademark Counsel, Attorney of Record, Georgia Bar member
SIGNATORY'S PHONE NUMBER (404) 461-5216
DATE SIGNED 01/06/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jan 06 17:34:38 EST 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
200106173438880255-884117
65-7001b4b497a50cfa1d9861
99a5a4fd0164045a32ec66621
829f9f80a26080188c92-CC-3
4374489-20200106161020452
416



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. 88411765 MCKESSON (Stylized and/or with Design, see http://uspto.report/TM/88411765/mark.png) has been amended as follows:

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

Refusal To Register—Surname


Applicant submits the following statement for the record:


The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


Specimen Does Not Show Use With Services (Classes 042 or 044)


 

The USPTO states that the Applicant’s “…distributorship services…” must be offered for the benefit of someone other than the applicant in order to qualify as a registrable service.  Respectfully, Applicant’s services are offered specifically for use by and for the benefit of third parties by way of the distribution/sale of its pharmaceutical and medical and surgical supplies to third parties, including pharmacies, hospitals, and medical practices. 


 

Applicant’s specimen already made of record clearly advertises use of the mark with respect to wholesale distribution of pharmaceuticals, and medical and surgical supplies, and the provision of pharmacy and health care technology, solutions, and services.  The Applicant resubmits the specimen of use originally submitted along with links to the relevant pages on which each of these services are advertised.








 



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 044 for Health care services, namely, distributing pharmaceutical products, medical and surgical supplies, personal care, and health and beauty products, and providing health information technology and care management tools

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Personal hygiene and personal care products, namely, toothpaste, denture cleansers, mouthwash, fluoride varnish, deodorants and antiperspirants, baby oil, body wash, shampoo, hand sanitizer gel, perineal wash, moisturizers, skin creams, skin cleansers, premoistened disposable wipes, baby wipes, emery boards, baby powder, shaving cream, shaving gel, ear wash systems
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Personal hygiene and personal care products, namely, toothpaste, denture cleansers, mouthwash, fluoride varnish, deodorants and antiperspirants, baby oil, body wash, shampoo, hand sanitizer gel, perineal wash, moisturizers, skin creams, skin cleansers, premoistened disposable wipes, baby wipes, emery boards, baby powder, shaving cream, shaving gel, ear wash systems; Personal hygiene and personal care products, namely toothpaste, denture cleansers, non-medicated mouthwash, fluoride varnish, namely, a topical fluoride used to prevent tooth decay; personal deodorants and antiperspirants, baby oil, body wash, shampoo, perineal body wash, hand and body moisturizers, skin creams, skin cleansers, pre-moistened disposable wipes impregnated with cleansing compound for use on the perineum, torso, back, hands, arms, feet, and legs, baby wipes impregnated with cleaning preparations, baby powder, shaving cream, shaving gel, ear wash systems comprising a spray bottle, a wash basin, and ear tips.Class 003 for Personal hygiene and personal care products, namely toothpaste, denture cleansers, non-medicated mouthwash, fluoride varnish, namely, a topical fluoride used to prevent tooth decay; personal deodorants and antiperspirants, baby oil, body wash, shampoo, perineal body wash, hand and body moisturizers, skin creams, skin cleansers, pre-moistened disposable wipes impregnated with cleansing compound for use on the perineum, torso, back, hands, arms, feet, and legs, baby wipes impregnated with cleaning preparations, baby powder, shaving cream, shaving gel, ear wash systems comprising a spray bottle, a wash basin, and ear tips.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners; lubricating jelly; medicated skin care preparations, namely, comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin protectants, powders, barriers, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated prep pads; saline solution; sterile water; silver nitrate applicators; ultrasound gel; topical pain relief spray; over-the-counter pain relief tablets; acetaminophen; aspirin; ibuprofen; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for medical instruments; wound care products, namely, dressings, adhesive bandages, medical and surgical tape, gauze sponges, cotton balls, dressing retention tape, compression bandages, Unna boots, adhesive remover wipes, tubular bandages, elastic bandages, adhesive dressings, conforming bandages, eye protectors, swab sticks, retainer dressings, non-adherent dressings, eye pads, abdominal pads, foam dressings, silicone foam dressings, hydrocolloid dressings, xeroform petrolatum dressings, impregnated dressings, hydrogel dressings, calcium alginate dressings, wound packing strips, surgical sponges, transparent film dressings, barrier island dressings, contact layer dressings, dressing change trays, wound measuring devices, and collagen dressings
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners; incontinence liners in the nature of guards; lubricating jelly; personal lubricating jelly; medicated skin care preparations, namely, comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin protectants, powders, barriers, antifungal creams and powders; medicated skin care preparations, namely comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin creams, skin lotions, powders, skin barrier powder that absorbs moisture and forms a barrier on the skin for protection from itching, moist, irritated, or broken skin, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide; hydrogen peroxide for medical use; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated prep pads; alcohol treated disinfecting wipes for use as prep pads; saline solution; medical saline solution; sterile water; sterile water for the moistening of wound dressings, wound debridement, and medical device irrigation; silver nitrate applicators; silver nitrate for medical purposes sold in applicators; ultrasound gel; medical ultrasound gel; topical pain relief spray; topical pain relief medication in the form of a spray; over-the-counter pain relief tablets; over-the-counter pain relief medication in the form of tablets; acetaminophen; aspirin; ibuprofen; ibuprofen for use as an oral analgesic; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for medical instruments; cleansers and disinfectants for cleaning medical instruments; wound care products, namely, dressings, adhesive bandages, medical and surgical tape, gauze sponges, cotton balls, dressing retention tape, compression bandages, Unna boots, adhesive remover wipes, tubular bandages, elastic bandages, adhesive dressings, conforming bandages, eye protectors, swab sticks, retainer dressings, non-adherent dressings, eye pads, abdominal pads, foam dressings, silicone foam dressings, hydrocolloid dressings, xeroform petrolatum dressings, impregnated dressings, hydrogel dressings, calcium alginate dressings, wound packing strips, surgical sponges, transparent film dressings, barrier island dressings, contact layer dressings, dressing change trays, wound measuring devices, and collagen dressings; wound care products, namely, dressings, adhesive bandages, medical adhesive tape and surgical tape, gauze sponges, cotton balls for medical purposes, medical adhesive tape in the nature of dressing retention tape, gauze dressing in the nature of unna boots, adhesive remover wipes, namely, wipes that remove adhesive tape, adhesive residue, and ostomy pouches from the skin, tubular bandages for dressings, elastic bandages for dressings, self-adhesive dressings, conforming bandages for dressings, eye protectors, namely, patient eye covers for protection during surgical or medical procedures and eye patches for medical use, cotton swabs for medical use in the nature of swab sticks, retainer dressings, namely, sterilized dressings that stretch to conform to the body's contours, non-adherent dressings, namely, absorbent non-woven pads with non-stick formulation that will not adhere to wounds, medical eye pads, foam dressings for wounds, silicone foam dressings for acute and chronic wounds such as venous leg ulcers, pressure ulcers, diabetic ulcers, and traumatic wounds, hydrocolloid medical dressings, medical xeroform petrolatum dressings, medical impregnated dressings, medical hydrogel dressings, medical calcium alginate dressings, gauze for use as wound packing strips, transparent medical film dressings, medical barrier island dressings, medical contact layer dressings and medical collagen dressings; hand sanitizer gels.Class 005 for Incontinence diapers; incontinence pads; incontinence garments; disposable baby diapers; incontinence liners in the nature of guards; personal lubricating jelly; medicated skin care preparations, namely comprehensive solutions in the nature of antimicrobial body cleansers and soaps, creams, moisturizers, skin creams, skin lotions, powders, skin barrier powder that absorbs moisture and forms a barrier on the skin for protection from itching, moist, irritated, or broken skin, antifungal creams and powders; antiseptic skin cleanser; hydrogen peroxide for medical use; isopropyl rubbing alcohol; antimicrobial soap; antibacterial soap; alcohol treated disinfecting wipes for use as prep pads; medical saline solution; sterile water for the moistening of wound dressings, wound debridement, and medical device irrigation; silver nitrate for medical purposes sold in applicators; medical ultrasound gel; topical pain relief medication in the form of a spray; over-the-counter pain relief medication in the form of tablets; acetaminophen; aspirin; ibuprofen for use as an oral analgesic; medicated cleansers for wounds and skin; all-purpose surface disinfectants; cleansers and disinfectants for cleaning medical instruments; wound care products, namely, dressings, adhesive bandages, medical adhesive tape and surgical tape, gauze sponges, cotton balls for medical purposes, medical adhesive tape in the nature of dressing retention tape, gauze dressing in the nature of unna boots, adhesive remover wipes, namely, wipes that remove adhesive tape, adhesive residue, and ostomy pouches from the skin, tubular bandages for dressings, elastic bandages for dressings, self-adhesive dressings, conforming bandages for dressings, eye protectors, namely, patient eye covers for protection during surgical or medical procedures and eye patches for medical use, cotton swabs for medical use in the nature of swab sticks, retainer dressings, namely, sterilized dressings that stretch to conform to the body's contours, non-adherent dressings, namely, absorbent non-woven pads with non-stick formulation that will not adhere to wounds, medical eye pads, foam dressings for wounds, silicone foam dressings for acute and chronic wounds such as venous leg ulcers, pressure ulcers, diabetic ulcers, and traumatic wounds, hydrocolloid medical dressings, medical xeroform petrolatum dressings, medical impregnated dressings, medical hydrogel dressings, medical calcium alginate dressings, gauze for use as wound packing strips, transparent medical film dressings, medical barrier island dressings, medical contact layer dressings and medical collagen dressings; hand sanitizer gels.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Disposable razors, razor blades; nail clippers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Disposable razors, razor blades; nail clippers; emory boards; eating and drinking utensils, namely spoons, forks, knives for use as tableware.Class 008 for Disposable razors, razor blades; nail clippers; emory boards; eating and drinking utensils, namely spoons, forks, knives for use as tableware.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Thermometers and thermometers sheaths; batteries
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Thermometers and thermometers sheaths; BatteriesClass 009 for Batteries
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for House mark for a full line of medical and surgical products, equipment, and supplies, namely, medical staff and patient apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; exam and surgical gloves; glove box holders and dispensers; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes; surgical instruments; ambulatory products, namely, walkers, rollators, crutches, canes, and accessories and replacement parts thereof; bath safety products, namely, bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories, namely, patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids; IV poles; IV start kits; respiratory products, namely, anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely, catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely, lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely, manually operated exercise bands and hand putty; orthopedic products, namely, splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely, exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely, sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: House mark for a full line of medical and surgical products, equipment, and supplies, namely, medical staff and patient apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; Medical and surgical products, equipment, and supplies, namely, medical staff apparel in the nature of surgical scrub tops and pants and patient treatment apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; exam and surgical gloves; medical exam and surgical gloves; glove box holders and dispensers; glove box holders and dispensers designed for medical use; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses; cold and hot compresses, namely, chemically activated instant cold and hot compresses and therapeutic compresses for cold or hot therapy using a non-toxic gel that can be brought to the preferred temperature through freezing or microwaving; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems; glucose monitoring systems comprising devices for monitoring blood glucose for medical purposes; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes; suction connector tubing and suction tubes that act as the pathway from which medical suction devices evacuate and drain fluids and debris during medical and surgical procedures; surgical instruments; ambulatory products, namely, walkers, rollators, crutches, canes, and accessories and replacement parts thereof; ambulatory products, namely orthopedic walkers, rollators, crutches, medical canes, and accessories and replacement parts thereof; bath safety products, namely, bath benches, bath stools; bath safety products designed exclusively for medical use, namely bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories, namely, patient lifts, patient slings, and gait belts; transfer equipment and accessories for patient treatment, namely patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids; reaching aids that enable patients with a limited range of motion to pick up and grab objects without having to bend over or stretch; IV poles; IV start kits; respiratory products, namely, anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; respiratory products, namely anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely, catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urological products, namely catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely, lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; clinical laboratory products, namely lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely, manually operated exercise bands and hand putty; rehabilitative and physical therapy devices, namely manually operated exercise bands and hand putty; orthopedic products, namely, splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; orthopedic products, namely splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely, exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; medical furniture, namely exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely, sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; wound closure products, namely sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; Compression bandages, abdominal pads, surgical sponges, medical trays in the nature of dressing change trays; medical wound measuring devices; medical thermometers and thermometers sheaths adapted for use with medical thermometers, commode chairs; laundry bags in the nature of bags for medical waste.Class 010 for Medical and surgical products, equipment, and supplies, namely, medical staff apparel in the nature of surgical scrub tops and pants and patient treatment apparel consisting of surgical gowns, procedure gowns, exam gowns, compression stockings, slipper socks, surgical and procedure masks, procedure masks with eye shields, shoe covers, head covers, protective sleeves, lab coats, face shields, and protective glasses; medical exam and surgical gloves; glove box holders and dispensers designed for medical use; containers for sharps and medical waste; incontinence bed pads and underpads; ostomy barrier pastes and powders; ostomy appliance deodorant; ostomy barriers; cold and hot compresses, namely, chemically activated instant cold and hot compresses and therapeutic compresses for cold or hot therapy using a non-toxic gel that can be brought to the preferred temperature through freezing or microwaving; sphygmomanometers; stethoscopes; blood pressure cuffs; pulse oximeters; lancets; glucose monitoring systems comprising devices for monitoring blood glucose for medical purposes; glucose test strips; lancets; EKG electrodes; suction connector tubing and suction tubes that act as the pathway from which medical suction devices evacuate and drain fluids and debris during medical and surgical procedures; surgical instruments; ambulatory products, namely orthopedic walkers, rollators, crutches, medical canes, and accessories and replacement parts thereof; bath safety products designed exclusively for medical use, namely bath benches, bath stools; bath transfer benches, raised toilet seats, handheld showerheads, commodes, commode pails; toilet safety frames, grab bars, bathtub grab bars, and bath mats; transfer equipment and accessories for patient treatment, namely patient lifts, patient slings, and gait belts; exercise peddlers for therapeutic purposes; reaching aids that enable patients with a limited range of motion to pick up and grab objects without having to bend over or stretch; IV poles; IV start kits; respiratory products, namely anesthesia circuits, oropharyngeal airways, laryngeal mask airways, respiratory masks, nasal cannulas, nebulizers, nebulizer filters, humidifiers, tracheostomy care trays, resuscitator masks, mouthpieces, and oxygen tubing; sterilization wraps; sterilization indicators; urological products, namely catheters, catheter trays, urinary leg bags, urinary drain bags, urinary drain bag holders, bedpans; urinals, and irrigation trays; fall prevention monitors; clinical laboratory products, namely lab caps and closures, laboratory glassware and plasticware, tubes, blood collection tubes, microscope slides, pipettes, beakers and bottles, specimen collection and transport containers, blood collection needles; specimen collection devices, diagnostic test kits, urinalysis controls, centrifuges, clinical analyzers, microscopes, and incubators; cryotherapy treatment kits; medical drapes, procedure drapes, and medical equipment covers; seat cushions for therapeutic purposes; rehabilitative and physical therapy devices, namely manually operated exercise bands and hand putty; orthopedic products, namely splints, heel protectors, elbow protectors, casting roll form splints, cast protectors, arm slings, cast tape, ankle walker boots, and foot pads; medical furniture, namely exam stools, exam tables, recliners, blood drawing chairs, overbed tables, utility carts, and instrument stands; biohazard bags; emesis bags; patient belongings bags; tourniquets; speculums; tongue depressors; pill and tablet cutters and crushers; gravity feeding bags; syringes; needles; syringes with needles; medical measurement tape; medical chart holders; pill envelopes; wound closure products, namely sutures, suture removal kits, skin closure strips, skin staple removal kits, skin adhesive, and wound staplers; Compression bandages, abdominal pads, surgical sponges, medical trays in the nature of dressing change trays; medical wound measuring devices; medical thermometers and thermometers sheaths adapted for use with medical thermometers, commode chairs; laundry bags in the nature of bags for medical waste.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Sitz baths; showerheads; commodes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Sitz baths; showerheads; commodesClass 011 for Sitz baths; showerheads
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for ECG paper; toilet paper; facial tissue; exam table paper; trash bags and liners
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: ECG paper; toilet paper; facial tissue; exam table paper; medical examination table paper; trash bags and liners; trash bags and liners.Class 016 for ECG paper; toilet paper; facial tissue; medical examination table paper; trash bags and liners.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Pillows
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Pillows; MattressesClass 020 for Mattresses
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, spoons, forks, knives, cups, and straws; dispensers for liquid soaps; paper towel dispensers; hygiene dispensing stations; toilet paper dispensers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, spoons, forks, knives, cups, and straws; eating and drinking utensils, namely, cups, and drinking straws; dispensers for liquid soaps; paper towel dispensers; paper towel dispensers for household use; hygiene dispensing stations; hygiene dispensing stations, namely, floor-stand units that can dispense items for infection prevention such as tissues, medical face masks, medical examination gloves, and hand sanitizing gel; toilet paper dispensers; toilet paper dispensers.Class 021 for Toothbrushes; combs; hair picks; hair brushes; nail brushes; eating and drinking utensils, namely, cups, and drinking straws; dispensers for liquid soaps; paper towel dispensers for household use; hygiene dispensing stations, namely, floor-stand units that can dispense items for infection prevention such as tissues, medical face masks, medical examination gloves, and hand sanitizing gel ; toilet paper dispensers.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Towels, blankets, sheets, pillowcases, mattresses, mattress overlays, and washcloths
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Towels, blankets, sheets, pillowcases, mattresses, mattress overlays, and washcloths; Towels; wool blankets, polyester blankets, cotton blankets, mylar rescue blankets, foam rescue blankets, bed sheets, pillowcases, mattress overlays, namely, mattress pads, and washcloths.Class 024 for Towels; wool blankets, polyester blankets, cotton blankets, mylar rescue blankets, foam rescue blankets, bed sheets, pillowcases, mattress overlays, namely, mattress pads, and washcloths.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 044 ) for Wholesale distributorship services in the field of pharmaceuticals, medical and surgical supplies, personal care, and health and beauty products.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing health information technology and care management tools, for example, outpatient infusion management services; payment processing software and accompanying hardware to manage sales transactions, inventory, pricing and promotions at a single pharmacy or across multiple sites; pharmacy business consulting and optimization services; software for pharmacy management to track and transfer patient prescriptions, and to compare and analyze store volume, productivity ratios, key performance measures, and profit margins; web-based specialty medication inventory management systems; consulting services for medical practices that include strategic planning, product management, and technology integration; pharmacy management system for prescription processing and claims adjudication; oncology electronic health records that provide secure web-based, mobile-optimized access to patient charts, comprehensive point-of-care treatment decision support, and customizable features for integration into existing workflow; software that enables adherence to nationally recognized clinical guidelines; and software for providing secure communications between healthcare providers and patient.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of website advertising at the following: http://www.mckesson.com/Pharmaceutical-Distribution/, http://www.mckesson.com/Medical-Supplies/, and http://www.mckesson.com/Pharmacy-Management/. .
"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:
SPN0-143112324-20200106161020452416_._McKesson_Logo_-_Classes_35_and_42_-_SP_-_Website_advertising.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

The applicant's current attorney information: Auma N. Reggy. Auma N. Reggy of MCKESSON CORPORATION, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      US

The phone number is 404-461-5216.

The fax number is 404-461-1457.

The email address is legal.trademarks@mckesson.com

The applicants proposed attorney information: Auma N. Reggy. Auma N. Reggy of MCKESSON CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      United States

The phone number is 404-461-5216.

The fax number is 404-461-1457.

The email address is legal.trademarks@mckesson.com

Auma N. Reggy 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: AUMA N. REGGY. AUMA N. REGGY of MCKESSON CORPORATION, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      US

The phone number is 404-461-5216.

The fax number is 404-461-1457.

The email address is legal.trademarks@mckesson.com; auma.reggy@mckesson.com

The applicants proposed correspondence information: Auma N. Reggy. Auma N. Reggy of MCKESSON CORPORATION, is located at

      LAW DEPARTMENT
      2 NATIONAL DATA PLAZA, NE
      ATLANTA, Georgia 30329
      United States

The phone number is 404-461-5216.

The fax number is 404-461-1457.

The email address is legal.trademarks@mckesson.com; auma.reggy@mckesson.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /anr/      Date: 01/06/2020
Signatory's Name: Auma N. Reggy
Signatory's Position: Chief Trademark Counsel, Attorney of Record, Georgia Bar member
Signatory's Phone Number: (404) 461-5216


Response Signature
Signature: /anr/     Date: 01/06/2020
Signatory's Name: Auma N. Reggy
Signatory's Position: Chief Trademark Counsel, Attorney of Record, Georgia Bar member

Signatory's Phone Number: (404) 461-5216

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:    AUMA N. REGGY
   MCKESSON CORPORATION
   LAW DEPARTMENT
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
Mailing Address:    Auma N. Reggy
   MCKESSON CORPORATION
   LAW DEPARTMENT
   2 NATIONAL DATA PLAZA, NE
   ATLANTA, Georgia 30329
        
RAM Sale Number: 88411765
RAM Accounting Date: 01/06/2020
        
Serial Number: 88411765
Internet Transmission Date: Mon Jan 06 17:34:38 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20200106173438880
255-88411765-7001b4b497a50cfa1d986199a5a
4fd0164045a32ec66621829f9f80a26080188c92
-CC-34374489-20200106161020452416


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Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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