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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88470167 |
LAW OFFICE ASSIGNED | LAW OFFICE 123 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88470167/mark.png |
LITERAL ELEMENT | PREFERRED HOMECARE |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of an iron cross inside a three sided figure within a triangle. |
ADDITIONAL STATEMENTS SECTION | |
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. |
MISCELLANEOUS FILE NAME(S) | |
ORIGINAL PDF FILE | mis-5019216049-20190815160607110086_._PreferredHomecareGoogleSearchEvidence081519.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\701\88470167\xml6\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\884\701\88470167\xml6\ROA0003.JPG | |
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. |
ATTORNEY SECTION (current) | |
NAME | Carl J. Spagnuolo |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | MCHALE & SLAVIN, P.A. |
STREET | 2855 PGA BLVD. |
CITY | PALM BEACH GARDENS |
STATE | Florida |
POSTAL CODE | 33410 |
COUNTRY | US |
PHONE | 561-625-6575 |
FAX | 561-625-6572 |
ustrademarks@mchaleslavin.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 5508U.000001 |
ATTORNEY SECTION (proposed) | |
NAME | Carl J. Spagnuolo |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | MCHALE & SLAVIN, P.A. |
STREET | 2855 PGA BLVD. |
CITY | PALM BEACH GARDENS |
STATE | Florida |
POSTAL CODE | 33410 |
COUNTRY | United States |
PHONE | 561-625-6575 |
FAX | 561-625-6572 |
ustrademarks@mchaleslavin.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 5508U.000001 |
CORRESPONDENCE SECTION (current) | |
NAME | CARL J. SPAGNUOLO |
FIRM NAME | MCHALE & SLAVIN, P.A. |
STREET | 2855 PGA BLVD. |
CITY | PALM BEACH GARDENS |
STATE | Florida |
POSTAL CODE | 33410 |
COUNTRY | US |
PHONE | 561-625-6575 |
FAX | 561-625-6572 |
ustrademarks@mchaleslavin.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 5508U.000001 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Carl J. Spagnuolo |
FIRM NAME | MCHALE & SLAVIN, P.A. |
STREET | 2855 PGA BLVD. |
CITY | PALM BEACH GARDENS |
STATE | Florida |
POSTAL CODE | 33410 |
COUNTRY | United States |
PHONE | 561-625-6575 |
FAX | 561-625-6572 |
ustrademarks@mchaleslavin.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 5508U.000001 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Carl J. Spagnuolo/ |
SIGNATORY'S NAME | Carl J Spagnuolo |
SIGNATORY'S POSITION | Attorney of Record, Admitted FL Bar |
SIGNATORY'S PHONE NUMBER | 561-625-6575 |
DATE SIGNED | 08/15/2019 |
RESPONSE SIGNATURE | /Carl J. Spagnuolo/ |
SIGNATORY'S NAME | Carl J. Spagnuolo |
SIGNATORY'S POSITION | Attorney of Record - Florida Bar Member |
SIGNATORY'S PHONE NUMBER | 561-625-6575 |
DATE SIGNED | 08/15/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Aug 15 16:24:12 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XX-2 0190815162412674261-88470 167-610c79b11ef35317a37a9 32168693b32bbbbfc3439d544 4edf54ff620b7c6d2559b-N/A -N/A-20190815160607110086 |
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) |
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.