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. 88412965 MD BOX(Standard Characters, see http://uspto.report/TM/88412965/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Medical kit comprising of a printed redemption code and information and instructions for obtaining telemedicine services; Printed paper, cards, and stickers containing barcodes, QR codes and alphanumeric character redemption codes that provide access to product information and telemedicine services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Non-downloadable software, namely, computer software as a service (SaaS) that allows users to create, view, and update a medical profile, purchase or redeem telemedicine visits, perform medical visit intake, perform rapid self-tests, conduct telemedicine visits, and view medical information, including supportive care plans and diagnoses; Computer software as a service (SaaS) services for others featuring Electronic Medical Record (EMR) and Electronic Health Record (EHR) systems for making, viewing, revising, storing and transferring patient visit notes, patient visit scheduling, referral and admissions tracking, patient records and charts, prescription writing and telemedicine; Non-downloadable software, namely, software as a service (SaaS) for use in connection with providing telehealth, telemedicine, remote care, and virtual health care services
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: Non-downloadable software, namely, computer software as a service (SaaS) that allows users to create, view, and update a medical profile, purchase or redeem telemedicine visits, perform medical visit intake, perform rapid self-tests, conduct telemedicine visits, and view medical information, including supportive care plans and diagnoses; Software as a service (SaaS)services featuring software that allows users to create, view, and update a medical profile, purchase or redeem telemedicine visits, perform medical visit intake, perform rapid self-tests, conduct telemedicine visits, and view medical information, including supportive care plans and diagnoses; Computer software as a service (SaaS) services for others featuring Electronic Medical Record (EMR) and Electronic Health Record (EHR) systems for making, viewing, revising, storing and transferring patient visit notes, patient visit scheduling, referral and admissions tracking, patient records and charts, prescription writing and telemedicine; Computer software as a service (SaaS) services featuring software for Electronic Medical Record (EMR) and Electronic Health Record (EHR) systems for making, viewing, revising, storing and transferring patient visit notes, patient visit scheduling, referral and admissions tracking, patient records and charts, prescription writing and telemedicine; Non-downloadable software, namely, software as a service (SaaS) for use in connection with providing telehealth, telemedicine, remote care, and virtual health care services; Software as a service (SaaS) services featuring software for use in providing telehealth, telemedicine, remote care, and virtual health care services.Class 042 for Software as a service (SaaS)services featuring software that allows users to create, view, and update a medical profile, purchase or redeem telemedicine visits, perform medical visit intake, perform rapid self-tests, conduct telemedicine visits, and view medical information, including supportive care plans and diagnoses; Computer software as a service (SaaS) services featuring software for Electronic Medical Record (EMR) and Electronic Health Record (EHR) systems for making, viewing, revising, storing and transferring patient visit notes, patient visit scheduling, referral and admissions tracking, patient records and charts, prescription writing and telemedicine; Software as a service (SaaS) services featuring software for use in providing telehealth, telemedicine, remote care, and virtual health care services.
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "MD" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /PQH-jads/     Date: 08/02/2019
Signatory's Name: Patricia Q. Hu
Signatory's Position: Attorney of Record, TX Bar Member

Signatory's Phone Number: 972-628-3600

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88412965
Internet Transmission Date: Fri Aug 02 18:13:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019080218130572
3830-88412965-620e15161ad1969eb748571a5f
e2d7fad132faa7e8e882df43d9d9909fcad6a033
-N/A-N/A-20190802180041117412