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. 88484125 PREMIER MEDICAL APPEALS EXPERTS IN DENIAL MANAGEMENT SERVICES (Stylized and/or with Design, see http://uspto.report/TM/88484125/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 036 for Medical insurance case and utilization review and insurance claims adjustment services for healthcare purchasers and payors and providers and Medicare beneficiaries
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/21/2019 and first used in commerce at least as early as 05/21/2019 , and is now in use in such commerce.

Proposed: Class 036 for Medical insurance case and utilization review and insurance claims adjustment services for healthcare purchasers and payors and providers and Medicare beneficiaries
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/21/2019 and first used in commerce at least as early as 05/21/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 036 . The specimen(s) submitted consists of The mark consists of an incomplete dark royal blue circle inside of which is a concentric white circle inside of which is a dark royal blue background in front of which is a yellow scroll with light royal blue scribbles that imitates writing, in front of the scroll is a gold feather. Under the above described figure are the stylized words Premier Medical Appeals in dark royal blue above a light royal blue underline below which are the stylized words EXPERTS IN DENIAL MANAGEMENT SERVICES in dark royal blue. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Electronic data interchange services in the field of healthcare transactions such as claims, eligibility, claim status, electronic remittance advice, prior authorizations, attachments and referrals that allow direct transaction and payment communications between healthcare providers and payers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/21/2019 and first used in commerce at least as early as 05/21/2019 , and is now in use in such commerce.

Proposed: Class 038 for Electronic data interchange services in the field of healthcare transactions such as claims, eligibility, claim status, electronic remittance advice, prior authorizations, attachments and referrals that allow direct transaction and payment communications between healthcare providers and payers
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/21/2019 and first used in commerce at least as early as 05/21/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of The mark consists of an incomplete dark royal blue circle inside of which is a concentric white circle inside of which is a dark royal blue background in front of which is a yellow scroll with light royal blue scribbles that imitates writing, in front of the scroll is a gold feather. Under the above described figure are the stylized words Premier Medical Appeals in dark royal blue above a light royal blue underline below which are the stylized words EXPERTS IN DENIAL MANAGEMENT SERVICES in dark royal blue. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: David, Turner, DBA Premier Medical Appeals, a limited liability company legally organized under the laws of Texas, having an address of
      6218 Holly Oaks Crt
      Fulshear, Texas 77441
      United States

      linda.green@medicalappeals.org (authorized)
      832-321-5637
      281-717-8519
Proposed: Premier Medical Appeals, DBA Premier Medical Appeals, a limited liability company legally organized under the laws of Texas, having an address of
      6218 Holly Oaks Crt
      Fulshear, Texas 77441
      United States
      linda.green@medicalappeals.org (authorized)
      832-321-5637
      281-717-8519

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Experts in Denial Management Services. apart from the mark as shown.


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: /Linda D. Green/      Date: 09/20/2019
Signatory's Name: Linda D. Green
Signatory's Position: HR Director
Signatory's Phone Number: 281-772-9571



Signature: /David Turner/      Date: 09/20/2019
Signatory's Name: David Turner
Signatory's Position: President and CEO
Signatory's Phone Number: 281-908-3058


Response Signature
Signature: /Linda D. Green/     Date: 09/20/2019
Signatory's Name: Linda D. Green
Signatory's Position: HR Director

Signatory's Phone Number: 281-772-9571

Response Signature
Signature: /David Turner/     Date: 09/20/2019
Signatory's Name: David Turner
Signatory's Position: President and CEO

Signatory's Phone Number: 281-908-3058

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88484125
Internet Transmission Date: Fri Sep 20 18:53:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190920185317367
336-88484125-610df82c92925f9affd31994bd9
f3fcb11ce83a2990846fdfe5b8d5689844f342f-
N/A-N/A-20190920161424114172