Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88412491 GIA(Standard Characters, see http://uspto.report/TM/88412491/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing a secure, web-based service featuring an online portal for managing healthcare relationships by enabling members, healthcare providers, brokers and employer groups to communicate with the health plan
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Providing a secure, web-based service featuring an online portal for managing healthcare relationships by enabling members, healthcare providers, brokers and employer groups to communicate with the health plan; Providing a secure, web-based platform featuring technology that enables health plan members, healthcare providers, healthcare brokers and employer groups to communicate directly with the health plan regarding health care plan benefitsClass 042 for Providing a secure, web-based platform featuring technology that enables health plan members, healthcare providers, healthcare brokers and employer groups to communicate directly with the health plan regarding health care plan benefits
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: John W. Boger. John W. Boger of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      US
The docket/reference number is 3392.041A.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com

The applicants proposed attorney information: John W. Boger. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith. John W. Boger of HESLIN ROTHENBERG FARLEY & MESITI P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      United States
The docket/reference number is 3392.041A.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com

John W. Boger 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: JOHN W. BOGER. JOHN W. BOGER of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      US
The docket/reference number is 3392.041A.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com; john.boger@hrfmlaw.com; sandy.obrien@hrfmlaw.com

The applicants proposed correspondence information: John W. Boger. John W. Boger of HESLIN ROTHENBERG FARLEY & MESITI P.C., is located at

      5 COLUMBIA CIRCLE
      ALBANY, New York 12203
      United States
The docket/reference number is 3392.041A.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com; john.boger@hrfmlaw.com; sandy.obrien@hrfmlaw.com

SIGNATURE(S)
Response Signature
Signature: /John W. Boger/     Date: 09/20/2019
Signatory's Name: John W. Boger
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 518-452-5600

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:    JOHN W. BOGER
   HESLIN ROTHENBERG FARLEY & MESITI P.C.
   
   5 COLUMBIA CIRCLE
   ALBANY, New York 12203
Mailing Address:    John W. Boger
   HESLIN ROTHENBERG FARLEY & MESITI P.C.
   5 COLUMBIA CIRCLE
   ALBANY, New York 12203
        
Serial Number: 88412491
Internet Transmission Date: Fri Sep 20 15:06:21 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019092015062188
4300-88412491-610c4e4ddfaddb8d36d2137855
85db8e44f933ba25ee78b5d0e4ccecfd018592d-
N/A-N/A-20190920095854138082