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. 88470167 PREFERRED HOMECARE (Stylized and/or with Design, see http://uspto.report/TM/88470167/mark.png) has been amended as follows:

The applicant's current attorney information: Carl J. Spagnuolo. Carl J. Spagnuolo of MCHALE & SLAVIN, P.A., is located at

      2855 PGA BLVD.
      PALM BEACH GARDENS, Florida 33410
      US
The docket/reference number is 5508U.000001.

The phone number is 561-625-6575.

The fax number is 561-625-6572.

The email address is ustrademarks@mchaleslavin.com

The applicants proposed attorney information: Carl J. Spagnuolo. Carl J. Spagnuolo of MCHALE & SLAVIN, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2855 PGA BLVD.
      PALM BEACH GARDENS, Florida 33410
      United States
The docket/reference number is 5508U.000001.

The phone number is 561-625-6575.

The fax number is 561-625-6572.

The email address is ustrademarks@mchaleslavin.com

Carl J. Spagnuolo submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: CARL J. SPAGNUOLO. CARL J. SPAGNUOLO of MCHALE & SLAVIN, P.A., is located at

      2855 PGA BLVD.
      PALM BEACH GARDENS, Florida 33410
      US
The docket/reference number is 5508U.000001.

The phone number is 561-625-6575.

The fax number is 561-625-6572.

The email address is ustrademarks@mchaleslavin.com

The applicants proposed correspondence information: Carl J. Spagnuolo. Carl J. Spagnuolo of MCHALE & SLAVIN, P.A., is located at

      2855 PGA BLVD.
      PALM BEACH GARDENS, Florida 33410
      United States
The docket/reference number is 5508U.000001.

The phone number is 561-625-6575.

The fax number is 561-625-6572.

The email address is ustrademarks@mchaleslavin.com

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


Miscellaneous Statement
The Applicant submits as further evidence in support of the 2(f) claim an internet Google search result printout. The Applicant urges the Examiner to take note of the fact that a simple internet search of the phrase "Preferred Homecare" harvests no other results other than that of websites either operated by or affiliated with the Applicant. This fact tends to support the assertion that "PREFERRED HOMECARE" has acquired distinctiveness and, therefore, the 2(f) in part is appropriate.

Original PDF file:
mis-5019216049-20190815160607110086_._PreferredHomecareGoogleSearchEvidence081519.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
PREFERRED has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /Carl J. Spagnuolo/      Date: 08/15/2019
Signatory's Name: Carl J Spagnuolo
Signatory's Position: Attorney of Record, Admitted FL Bar
Signatory's Phone Number: 561-625-6575


Response Signature
Signature: /Carl J. Spagnuolo/     Date: 08/15/2019
Signatory's Name: Carl J. Spagnuolo
Signatory's Position: Attorney of Record - Florida Bar Member

Signatory's Phone Number: 561-625-6575

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:    CARL J. SPAGNUOLO
   MCHALE & SLAVIN, P.A.
   
   2855 PGA BLVD.
   PALM BEACH GARDENS, Florida 33410
Mailing Address:    Carl J. Spagnuolo
   MCHALE & SLAVIN, P.A.
   2855 PGA BLVD.
   PALM BEACH GARDENS, Florida 33410
        
Serial Number: 88470167
Internet Transmission Date: Thu Aug 15 16:24:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019081516241267
4261-88470167-610c79b11ef35317a37a932168
693b32bbbbfc3439d5444edf54ff620b7c6d2559
b-N/A-N/A-20190815160607110086