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. 88465863 ASPIRA HEALTH(Standard Characters, see http://uspto.report/TM/88465863/mark.png) has been amended as follows:

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

Refer to attached. Thank you.

EVIDENCE

Original PDF file:
evi_2601488100125118bac8e3a2382ae5-20200225110442010004_._ASPIRA_HEALTH_Trademark_Response_OA_2_d_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 044 for Health care
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: Health care; Health care in the nature of urgent medical care centers.Class 044 for Health care in the nature of urgent medical care centers.
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 owner's/holder's proposed attorney information Charles L. Riddle, Esq.. Charles L. Riddle, Esq. of RIDDLE PATENT LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 200
      434 LACKAWANNA AVE
      SCRANTON, Pennsylvania 18503
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is R-11073.
      The phone number is 484-300-6325.
      The fax number is 570-300-1606.
      The email address is charles@charleslriddle.com

Charles L. Riddle, Esq. 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.Correspondence Information (current):
      ASPIRA HEALTH
      PRIMARY EMAIL FOR CORRESPONDENCE: walbanese@aspirahealth.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Charles L. Riddle, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: charles@charleslriddle.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocket@esquiretrademarks.com

The docket/reference number is R-11073.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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


SIGNATURE(S)
Response Signature
Signature: /Charles L. Riddle/     Date: 02/25/2020
Signatory's Name: Charles L. Riddle
Signatory's Position: Attorney of Record PA

Signatory's Phone Number: 5703444439

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:    ASPIRA HEALTH
   ASPIRA HEALTH
   31432 WATERS WAY
   31432 WATERS WAY
   LEWES, Delaware 19958
Mailing Address:    Charles L. Riddle, Esq.
   RIDDLE PATENT LAW, LLC
   Suite 200
   434 LACKAWANNA AVE
   SCRANTON, Pennsylvania 18503
        
Serial Number: 88465863
Internet Transmission Date: Tue Feb 25 11:11:32 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200225111132812890-88465863-71
0562a20611bbbb6ef69377396cd224190e59ed04
6ec554f50552c64d74b2a83da-N/A-N/A-202002
25110442010004