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. 88438010 LIBRE(Standard Characters, see http://uspto.report/TM/88438010/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 Software in the field of medical diagnostics; health data management software; Medical software for sharing, reporting, maintaining, managing, monitoring and analyzing analyte data; cloud platform services for sharing, reporting, maintaining, managing, monitoring, and analyzing analyte data; medical software for disease management; software in the fields of nutrition, health, wellness, and diabetes management
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: Software in the field of medical diagnostics; Providing temporary use of online non-downloadable software for viewing, sharing, reporting, maintaining, managing, monitoring, and analyzing analyte concentration and related health data in the field of medical diagnostics; health data management software; Providing temporary use of online non-downloadable software for health data management; Medical software for sharing, reporting, maintaining, managing, monitoring and analyzing analyte data; Providing temporary use of online non-downloadable medical software for sharing, reporting, maintaining, managing, monitoring and analyzing analyte data; cloud platform services for sharing, reporting, maintaining, managing, monitoring, and analyzing analyte data; Providing temporary use of non-downloadable cloud-based software for sharing, reporting, maintaining, managing, monitoring, and analyzing analyte data; medical software for disease management; Providing temporary use of online non-downloadable medical software for disease management; software in the fields of nutrition, health, wellness, and diabetes management; Providing temporary use of online non-downloadable software for viewing, sharing, reporting, maintaining, managing, monitoring, and analyzing data and information in the fields of nutrition, health, wellness, and diabetes managementClass 042 for Providing temporary use of online non-downloadable software for viewing, sharing, reporting, maintaining, managing, monitoring, and analyzing analyte concentration and related health data in the field of medical diagnostics; Providing temporary use of online non-downloadable software for health data management; Providing temporary use of online non-downloadable medical software for sharing, reporting, maintaining, managing, monitoring and analyzing analyte data; Providing temporary use of non-downloadable cloud-based software for sharing, reporting, maintaining, managing, monitoring, and analyzing analyte data; Providing temporary use of online non-downloadable medical software for disease management; Providing temporary use of online non-downloadable software for viewing, sharing, reporting, maintaining, managing, monitoring, and analyzing data and information in the fields of nutrition, health, wellness, and diabetes management
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: Michele H. Bowman. Michele H. Bowman of ABBOTT LABORATORIES, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      US

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

The applicants proposed attorney information: Michele H. Bowman. Michele H. Bowman of ABBOTT LABORATORIES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      United States
The docket/reference number is GRN 6630324.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

Michele H. Bowman 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: MICHELE H. BOWMAN. MICHELE H. BOWMAN of ABBOTT LABORATORIES, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      US

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

The applicants proposed correspondence information: Michele H. Bowman. Michele H. Bowman of ABBOTT LABORATORIES, is located at

      100 ABBOTT PARK ROAD
      ABBOTT PARK, Illinois 60064
      United States
The docket/reference number is GRN 6630324.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

ADDITIONAL STATEMENTS
Translation
The English translation of LIBRE in the mark is FREE.


SIGNATURE(S)
Response Signature
Signature: /Michele H. Bowman/     Date: 02/06/2020
Signatory's Name: Michele H. Bowman
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 224-667-5121

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:    MICHELE H. BOWMAN
   ABBOTT LABORATORIES
   
   100 ABBOTT PARK ROAD
   ABBOTT PARK, Illinois 60064
Mailing Address:    Michele H. Bowman
   ABBOTT LABORATORIES
   100 ABBOTT PARK ROAD
   ABBOTT PARK, Illinois 60064
        
Serial Number: 88438010
Internet Transmission Date: Thu Feb 06 18:36:18 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200206183618171
752-88438010-700ce7779f52352e822212667b8
1d5afcffb4ca8a050d94afed7d64c49b51788-N/
A-N/A-20200206171400960818