Response to Office Action

PONTO

Ponto Care, Inc.

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 88420876
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://uspto.report/TM/88420876/mark.png
LITERAL ELEMENT PONTO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._PONTO__Ser._No._88420876__ROA__1.24.20_.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0004.JPG
       ORIGINAL PDF FILE evi_1-1001241213-20200123113636957336_._VIDADO_Cert.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0006.JPG
       ORIGINAL PDF FILE evi_1-1001241213-20200123113636957336_._KORBATO_Cert.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0008.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._AFERO_Cert.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0011.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._LUMIGA_Cert.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0013.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._ADICIO_Cert.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0014.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._ponto_-_Wiktionary__1.20.20_.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0022.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._TO_-_translation_-_Esperanto-English_Dictionary_-_Glosbe__1_.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0025.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._POINT__Ser._No._88233117__specimen.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0027.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._Hansgrohe_PONTOS_product_page.pdf
       CONVERTED PDF FILE(S)
       (7 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0028.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0029.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0030.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0031.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0032.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0033.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0034.JPG
       ORIGINAL PDF FILE evi_1001241213-20200123113636957336_._Home___Ponto_Care.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0035.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0036.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\208\88420876\xml4\ROA0037.JPG
DESCRIPTION OF EVIDENCE FILE Substantive response to office action and supporting documents referenced in the response.
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
Diagnostic kits for the treatment, monitoring or diagnosis of disease; diagnostic kits for clinical or medical use; medical analysis instruments; medical diagnostic instruments; Computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus during the process of diagnosis of a condition in an individual; mobile diagnostic kids consisting of software, hardware and medical devices for patient examination; diagnostic system consisting of a clinician portal used to access patient data, review clinical data, manage care plans, and improve patient care; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; software for the operation and management of telemedicine, telehealth, remote care and virtual care services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Diagnostic kits for the treatment, monitoring or diagnosis of disease; Diagnostic kits for disease diagnosis or monitoring, namely Electrocardiogram machine, Ultrasound machine, Portable X-ray machine, Sphygmomanometer, Stethoscope, Spirometer; diagnostic kits for clinical or medical use; Otoscope, Otoacoustic Emissions (OAE) Screener, Audiometer, Tympanometer, Fiberoptic oral/nasal/pharyngoscope, Sleep assessment test apparatus, Voice assessment test apparatus, Electromyography apparatus, Bone densitometer, Pachymeter, Tonometer, Autorefractor, Keratometer, Visual acuity test apparatus, Visual field test apparatus, Retinography, Optical Coherence Tomography (OCT) machine, Ophthalmoscope; medical analysis instruments; Dermatoscope, Contact microscope; medical diagnostic instruments; Colposcope; Computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus during the process of diagnosis of a condition in an individual; Capsule endoscope, Esophageal manometer, Gastric manometer, Oropharyngeal motility (swallowing) study apparatus, Blood sample collection apparatus, Throat swab collection apparatus, Sputum sample collection apparatus, Vaginal fluid sample collection apparatus, Urine sample collection apparatus, Fecal sample collection apparatus, Sperm sample collection apparatus, Computer displays, computer monitors, controllers, hygiene station, exam table, power supply, motorized wheels, lighting apparatus, and exam supply storage therefore used in direct association with medical diagnosis apparatus during the process of diagnosis or monitoring of a condition in an individual.; mobile diagnostic kids consisting of software, hardware and medical devices for patient examination; diagnostic system consisting of a clinician portal used to access patient data, review clinical data, manage care plans, and improve patient care; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; software for the operation and management of telemedicine, telehealth, remote care and virtual care services
FINAL DESCRIPTION
Diagnostic kits for disease diagnosis or monitoring, namely Electrocardiogram machine, Ultrasound machine, Portable X-ray machine, Sphygmomanometer, Stethoscope, Spirometer; Otoscope, Otoacoustic Emissions (OAE) Screener, Audiometer, Tympanometer, Fiberoptic oral/nasal/pharyngoscope, Sleep assessment test apparatus, Voice assessment test apparatus, Electromyography apparatus, Bone densitometer, Pachymeter, Tonometer, Autorefractor, Keratometer, Visual acuity test apparatus, Visual field test apparatus, Retinography, Optical Coherence Tomography (OCT) machine, Ophthalmoscope; Dermatoscope, Contact microscope; Colposcope; Capsule endoscope, Esophageal manometer, Gastric manometer, Oropharyngeal motility (swallowing) study apparatus, Blood sample collection apparatus, Throat swab collection apparatus, Sputum sample collection apparatus, Vaginal fluid sample collection apparatus, Urine sample collection apparatus, Fecal sample collection apparatus, Sperm sample collection apparatus, Computer displays, computer monitors, controllers, hygiene station, exam table, power supply, motorized wheels, lighting apparatus, and exam supply storage therefore used in direct association with medical diagnosis apparatus during the process of diagnosis or monitoring of a condition in an individual.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; information storage and retrieval services in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet-based business management services for the healthcare industry
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; information storage and retrieval services in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet based business management services for the healthcare industry; providing internet-based business management services for the healthcare industry; administrative and logistical support for remote medical exam services, namely, appointment scheduling services in the field of patient examinations at home or at locations outside of traditional medical clinics.
FINAL DESCRIPTION
Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet based business management services for the healthcare industry; administrative and logistical support for remote medical exam services, namely, appointment scheduling services in the field of patient examinations at home or at locations outside of traditional medical clinics.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044)(current)
INTERNATIONAL CLASS 044
DESCRIPTION
Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services; administrative and logistical support for remote medical exam services, namely, set-up, support and execution of patient examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of medical testing, testing and healthcare; providing an online computer database featuring medical information in the field of patient management and outcomes; transport and storage of diagnostic kits and medical devices; computer services, namely, electronic storage and retrieval of messages and data in the fields of clinical and diagnostic testing and preparations for the treatment, monitoring or diagnosis of medical conditions
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044)(proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services; providing telehealth, telemedicine, remote care and virtual health care services, namely, providing medical consultations and healthcare services via phone, online chat or videoconferencing; administrative and logistical support for remote medical exam services, namely, set-up, support and execution of patient examinations at home or at locations outside of traditional medical clinics; remote medical exam services, namely, providing patient medical examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of medical testing, testing and healthcare; providing an online computer database in the fields of drug use testing, healthcare, and medical testing for diagnostic or treatment purposes; providing an online computer database featuring medical information in the field of patient management and outcomes; transport and storage of diagnostic kits and medical devices; computer services, namely, electronic storage and retrieving information at the customer's specific request via the Internet in the fields of clinical testing, diagnostic testing, and preparations for treating, monitoring, or diagnosing medical conditions.; computer services, namely, electronic storage and retrieval of messages and data in the fields of clinical and diagnostic testing and preparations for the treatment, monitoring or diagnosis of medical conditions
FINAL DESCRIPTION
Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services, namely, providing medical consultations and healthcare services via phone, online chat or videoconferencing; remote medical exam services, namely, providing patient medical examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of drug use testing, healthcare, and medical testing for diagnostic or treatment purposes; providing an online computer database featuring medical information in the field of patient management and outcomes; computer services, namely, electronic storage and retrieving information at the customer's specific request via the Internet in the fields of clinical testing, diagnostic testing, and preparations for treating, monitoring, or diagnosing medical conditions.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS 009
DESCRIPTION
Mobile diagnostic kits containing recorded or downloadable computer software to guide, support, and render patient exams, computer hardware, and medical devices for use in patient examination; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; of or downloadable ftware for the operation and management of telemedicine, telehealth, remote care and virtual care services.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (039)(class added)
INTERNATIONAL CLASS 039
DESCRIPTION
Mobile transport and storage of diagnostic kits and medical devices.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing a diagnostic website featuring technology that enables clinicians to access patient data, review clinical data, manage care plans, and improve patient care; Providing temporary use of on-line non-downloadable software for the operation and management of telemedicine, telehealth, remote care and virtual care services; Temporary electronic storage of information in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; Providing customized computer searching services, namely, retrieving information at the customer's specific request via the Internet in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
TRANSLATION The English translation of PONTO in the mark is "bridge" in Esperanto.
ATTORNEY SECTION (current)
NAME Jacqueline M. Stelling
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME JMS LEGAL LLC
STREET 146 HARRISON AVENUE
CITY WESTFIELD
STATE New Jersey
POSTAL CODE 07090
COUNTRY US
PHONE 201-306-9025
EMAIL trademarks@JMSip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PONTO.TM.1
ATTORNEY SECTION (proposed)
NAME Jacqueline M. Stelling
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME JMS LEGAL LLC
STREET 146 HARRISON AVENUE
CITY WESTFIELD
STATE New Jersey
POSTAL CODE 07090
COUNTRY United States
PHONE 201-306-9025
EMAIL trademarks@JMSip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PONTO.TM.1
CORRESPONDENCE SECTION (current)
NAME JACQUELINE M. STELLING
FIRM NAME JMS LEGAL LLC
STREET 146 HARRISON AVENUE
CITY WESTFIELD
STATE New Jersey
POSTAL CODE 07090
COUNTRY US
PHONE 201-306-9025
EMAIL trademarks@JMSip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PONTO.TM.1
CORRESPONDENCE SECTION (proposed)
NAME Jacqueline M. Stelling
FIRM NAME JMS LEGAL LLC
STREET 146 HARRISON AVENUE
CITY WESTFIELD
STATE New Jersey
POSTAL CODE 07090
COUNTRY United States
PHONE 201-306-9025
EMAIL trademarks@JMSip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PONTO.TM.1
PAYMENT SECTION
NUMBER OF CLASSES 3
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 825
SIGNATURE SECTION
DECLARATION SIGNATURE /jms/
SIGNATORY'S NAME Jacqueline M. Stelling
SIGNATORY'S POSITION Attorney for Applicant, NY Bar member
SIGNATORY'S PHONE NUMBER 201-306-9025
DATE SIGNED 01/23/2020
RESPONSE SIGNATURE /jms/
SIGNATORY'S NAME Jacqueline M. Stelling
SIGNATORY'S POSITION Attorney of record, New York bar member
SIGNATORY'S PHONE NUMBER 201-306-9025
DATE SIGNED 01/23/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 23 12:21:52 EST 2020
TEAS STAMP USPTO/ROA-XXX.X.XXX.XXX-2
0200123122152639079-88420
876-70073f3c3faefbdc71ecb
516795cbcab22d0a98f9d903f
c0441c64c5146ae7df5-CC-21
510021-202001231136369573
36



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. 88420876 PONTO(Standard Characters, see http://uspto.report/TM/88420876/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Substantive response to office action and supporting documents referenced in the response. has been attached.
Original PDF file:
evi_1001241213-20200123113636957336_._PONTO__Ser._No._88420876__ROA__1.24.20_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1-1001241213-20200123113636957336_._VIDADO_Cert.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-1001241213-20200123113636957336_._KORBATO_Cert.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1001241213-20200123113636957336_._AFERO_Cert.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1001241213-20200123113636957336_._LUMIGA_Cert.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1001241213-20200123113636957336_._ADICIO_Cert.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1001241213-20200123113636957336_._ponto_-_Wiktionary__1.20.20_.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_1001241213-20200123113636957336_._TO_-_translation_-_Esperanto-English_Dictionary_-_Glosbe__1_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1001241213-20200123113636957336_._POINT__Ser._No._88233117__specimen.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1001241213-20200123113636957336_._Hansgrohe_PONTOS_product_page.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_1001241213-20200123113636957336_._Home___Ponto_Care.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Diagnostic kits for the treatment, monitoring or diagnosis of disease; diagnostic kits for clinical or medical use; medical analysis instruments; medical diagnostic instruments; Computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus during the process of diagnosis of a condition in an individual; mobile diagnostic kids consisting of software, hardware and medical devices for patient examination; diagnostic system consisting of a clinician portal used to access patient data, review clinical data, manage care plans, and improve patient care; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; software for the operation and management of telemedicine, telehealth, remote care and virtual 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: Diagnostic kits for the treatment, monitoring or diagnosis of disease; Diagnostic kits for disease diagnosis or monitoring, namely Electrocardiogram machine, Ultrasound machine, Portable X-ray machine, Sphygmomanometer, Stethoscope, Spirometer; diagnostic kits for clinical or medical use; Otoscope, Otoacoustic Emissions (OAE) Screener, Audiometer, Tympanometer, Fiberoptic oral/nasal/pharyngoscope, Sleep assessment test apparatus, Voice assessment test apparatus, Electromyography apparatus, Bone densitometer, Pachymeter, Tonometer, Autorefractor, Keratometer, Visual acuity test apparatus, Visual field test apparatus, Retinography, Optical Coherence Tomography (OCT) machine, Ophthalmoscope; medical analysis instruments; Dermatoscope, Contact microscope; medical diagnostic instruments; Colposcope; Computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus during the process of diagnosis of a condition in an individual; Capsule endoscope, Esophageal manometer, Gastric manometer, Oropharyngeal motility (swallowing) study apparatus, Blood sample collection apparatus, Throat swab collection apparatus, Sputum sample collection apparatus, Vaginal fluid sample collection apparatus, Urine sample collection apparatus, Fecal sample collection apparatus, Sperm sample collection apparatus, Computer displays, computer monitors, controllers, hygiene station, exam table, power supply, motorized wheels, lighting apparatus, and exam supply storage therefore used in direct association with medical diagnosis apparatus during the process of diagnosis or monitoring of a condition in an individual.; mobile diagnostic kids consisting of software, hardware and medical devices for patient examination; diagnostic system consisting of a clinician portal used to access patient data, review clinical data, manage care plans, and improve patient care; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; software for the operation and management of telemedicine, telehealth, remote care and virtual care servicesClass 010 for Diagnostic kits for disease diagnosis or monitoring, namely Electrocardiogram machine, Ultrasound machine, Portable X-ray machine, Sphygmomanometer, Stethoscope, Spirometer; Otoscope, Otoacoustic Emissions (OAE) Screener, Audiometer, Tympanometer, Fiberoptic oral/nasal/pharyngoscope, Sleep assessment test apparatus, Voice assessment test apparatus, Electromyography apparatus, Bone densitometer, Pachymeter, Tonometer, Autorefractor, Keratometer, Visual acuity test apparatus, Visual field test apparatus, Retinography, Optical Coherence Tomography (OCT) machine, Ophthalmoscope; Dermatoscope, Contact microscope; Colposcope; Capsule endoscope, Esophageal manometer, Gastric manometer, Oropharyngeal motility (swallowing) study apparatus, Blood sample collection apparatus, Throat swab collection apparatus, Sputum sample collection apparatus, Vaginal fluid sample collection apparatus, Urine sample collection apparatus, Fecal sample collection apparatus, Sperm sample collection apparatus, Computer displays, computer monitors, controllers, hygiene station, exam table, power supply, motorized wheels, lighting apparatus, and exam supply storage therefore used in direct association with medical diagnosis apparatus during the process of diagnosis or monitoring of a condition in an individual.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; information storage and retrieval services in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet-based business management services for the healthcare industry
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: Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; information storage and retrieval services in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet based business management services for the healthcare industry; providing internet-based business management services for the healthcare industry; administrative and logistical support for remote medical exam services, namely, appointment scheduling services in the field of patient examinations at home or at locations outside of traditional medical clinics.Class 035 for Computerized database management for tracking patient information for clinical and diagnostic testing; referral services in the fields of medical, health and clinical care; computer database management of diagnostic testing and results; computerized data base management of medical, hospital, insurance and billing records; trade information services in the fields of medical, health or clinical care; database management of clinical and diagnostic testing and results; providing internet based business management services for the healthcare industry; administrative and logistical support for remote medical exam services, namely, appointment scheduling services in the field of patient examinations at home or at locations outside of traditional medical clinics.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services; administrative and logistical support for remote medical exam services, namely, set-up, support and execution of patient examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of medical testing, testing and healthcare; providing an online computer database featuring medical information in the field of patient management and outcomes; transport and storage of diagnostic kits and medical devices; computer services, namely, electronic storage and retrieval of messages and data in the fields of clinical and diagnostic testing and preparations for the treatment, monitoring or diagnosis of medical conditions
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: Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services; providing telehealth, telemedicine, remote care and virtual health care services, namely, providing medical consultations and healthcare services via phone, online chat or videoconferencing; administrative and logistical support for remote medical exam services, namely, set-up, support and execution of patient examinations at home or at locations outside of traditional medical clinics; remote medical exam services, namely, providing patient medical examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of medical testing, testing and healthcare; providing an online computer database in the fields of drug use testing, healthcare, and medical testing for diagnostic or treatment purposes; providing an online computer database featuring medical information in the field of patient management and outcomes; transport and storage of diagnostic kits and medical devices; computer services, namely, electronic storage and retrieving information at the customer's specific request via the Internet in the fields of clinical testing, diagnostic testing, and preparations for treating, monitoring, or diagnosing medical conditions.; computer services, namely, electronic storage and retrieval of messages and data in the fields of clinical and diagnostic testing and preparations for the treatment, monitoring or diagnosis of medical conditionsClass 044 for Medical and clinical diagnostic testing services; medical services for human beings; medical testing for diagnostic, treatment or screening purposes; remote medical exam services; providing telehealth, telemedicine, remote care and virtual health care services, namely, providing medical consultations and healthcare services via phone, online chat or videoconferencing; remote medical exam services, namely, providing patient medical examinations at home or at locations outside of traditional medical clinics; providing an online computer database in the fields of drug use testing, healthcare, and medical testing for diagnostic or treatment purposes; providing an online computer database featuring medical information in the field of patient management and outcomes; computer services, namely, electronic storage and retrieving information at the customer's specific request via the Internet in the fields of clinical testing, diagnostic testing, and preparations for treating, monitoring, or diagnosing medical conditions.
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Mobile diagnostic kits containing recorded or downloadable computer software to guide, support, and render patient exams, computer hardware, and medical devices for use in patient examination; downloadable software, namely, software application for use in connection with providing telehealth, telemedicine, and remote care; of or downloadable ftware for the operation and management of telemedicine, telehealth, remote care and virtual 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 039 for Mobile transport and storage of diagnostic kits and medical devices.
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing a diagnostic website featuring technology that enables clinicians to access patient data, review clinical data, manage care plans, and improve patient care; Providing temporary use of on-line non-downloadable software for the operation and management of telemedicine, telehealth, remote care and virtual care services; Temporary electronic storage of information in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease; Providing customized computer searching services, namely, retrieving information at the customer's specific request via the Internet in the fields of diagnostic testing and preparations for the treatment, monitoring and diagnosis or disease.
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: Jacqueline M. Stelling. Jacqueline M. Stelling of JMS LEGAL LLC, is located at

      146 HARRISON AVENUE
      WESTFIELD, New Jersey 07090
      US
The docket/reference number is PONTO.TM.1.

The phone number is 201-306-9025.

The email address is trademarks@JMSip.com

The applicants proposed attorney information: Jacqueline M. Stelling. Jacqueline M. Stelling of JMS LEGAL LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      146 HARRISON AVENUE
      WESTFIELD, New Jersey 07090
      United States
The docket/reference number is PONTO.TM.1.

The phone number is 201-306-9025.

The email address is trademarks@JMSip.com

Jacqueline M. Stelling 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: JACQUELINE M. STELLING. JACQUELINE M. STELLING of JMS LEGAL LLC, is located at

      146 HARRISON AVENUE
      WESTFIELD, New Jersey 07090
      US
The docket/reference number is PONTO.TM.1.

The phone number is 201-306-9025.

The email address is trademarks@JMSip.com

The applicants proposed correspondence information: Jacqueline M. Stelling. Jacqueline M. Stelling of JMS LEGAL LLC, is located at

      146 HARRISON AVENUE
      WESTFIELD, New Jersey 07090
      United States
The docket/reference number is PONTO.TM.1.

The phone number is 201-306-9025.

The email address is trademarks@JMSip.com

ADDITIONAL STATEMENTS
Translation
The English translation of PONTO in the mark is "bridge" in Esperanto.


FEE(S)
Fee(s) in the amount of $825 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: /jms/      Date: 01/23/2020
Signatory's Name: Jacqueline M. Stelling
Signatory's Position: Attorney for Applicant, NY Bar member
Signatory's Phone Number: 201-306-9025


Response Signature
Signature: /jms/     Date: 01/23/2020
Signatory's Name: Jacqueline M. Stelling
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 201-306-9025

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:    JACQUELINE M. STELLING
   JMS LEGAL LLC
   
   146 HARRISON AVENUE
   WESTFIELD, New Jersey 07090
Mailing Address:    Jacqueline M. Stelling
   JMS LEGAL LLC
   146 HARRISON AVENUE
   WESTFIELD, New Jersey 07090
        
RAM Sale Number: 88420876
RAM Accounting Date: 01/23/2020
        
Serial Number: 88420876
Internet Transmission Date: Thu Jan 23 12:21:52 EST 2020
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2020012312215263
9079-88420876-70073f3c3faefbdc71ecb51679
5cbcab22d0a98f9d903fc0441c64c5146ae7df5-
CC-21510021-20200123113636957336


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