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. 88489965 FOUNTAIN(Standard Characters, see http://uspto.report/TM/88489965/mark.png) has been amended as follows:

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

Please see the arguments attached hereto.

EVIDENCE
Evidence in the nature of Plaintiff's arguments in response to the Office Action and third party FOUNTAIN-formative registrations and status sheet printouts from TSDR has been attached.
Original PDF file:
evi_38982204-20200317183319812343_._FOUNTAIN_-_Response_to_Office_Action.pdf
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Original PDF file:
evi_38982204-20200317183319812343_._FOUNTAIN_-_Exhibits.pdf
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Providing a website featuring non-downloadable publications in the nature of blogs, magazines, brochures, and articles in the fields of pharmaceuticals, medicine, disease management, nutrition, fitness, and personal health

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Providing on-line information services in the field of wellness, nutrition, weight loss and dieting; health care services, namely, wellness programs; providing a website featuring information on health, wellness and nutrition; healthcare in the nature of health maintenance organizations; providing long-term care facilities; providing a website featuring medical information

Applicant proposes to amend the following:
Current: Class 009 for Downloadable software, namely, mobile applications for use in connection with the collection, analysis, and sharing of personal medical data; mobile applications for use in obtaining prescription and over the counter medications and referrals to healthcare providers; Downloadable mobile applications featuring pricing information for prescription drugs and over the counter medications, for purchasing of prescription drugs and over the counter medications, and for providing information regarding health, prescription drugs and over the counter medications
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: Downloadable software, namely, mobile applications for use in connection with the collection, analysis, and sharing of personal medical data; mobile applications for use in obtaining prescription and over the counter medications and referrals to healthcare providers; downloadable mobile applications for use in obtaining prescription and over the counter medications and referrals to healthcare providers; Downloadable mobile applications featuring pricing information for prescription drugs and over the counter medications, for purchasing of prescription drugs and over the counter medications, and for providing information regarding health, prescription drugs and over the counter medicationsClass 009 for Downloadable software, namely, mobile applications for use in connection with the collection, analysis, and sharing of personal medical data; downloadable mobile applications for use in obtaining prescription and over the counter medications and referrals to healthcare providers; Downloadable mobile applications featuring pricing information for prescription drugs and over the counter medications, for purchasing of prescription drugs and over the counter medications, and for providing information regarding health, prescription drugs and over the counter medications
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 (Original Class: 035 ) for Providing a website featuring non-downloadable publications in the nature of blogs, magazines, brochures, and articles in the fields of pharmaceuticals, medicine, disease management, nutrition, fitness, and personal health
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 (Original Class: 042 ) for Providing on-line information services in the field of wellness, nutrition, weight loss and dieting; health care services, namely, wellness programs; providing a website featuring information on health, wellness and nutrition; healthcare in the nature of health maintenance organizations; providing long-term care facilities; providing a website featuring medical information
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: FHT Holdco LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      251 Little Falls Drive
      Wilmington, Delaware 19808
      United States

Proposed: FHT Holdco LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      251 Little Falls Drive
      Wilmington, Delaware 19808
      United States
      Email Address: falcone@blankrome.com

The owner's/holder's current attorney information: Timothy D. Pecsenye. Timothy D. Pecsenye of BLANK ROME LLP, is located at

      8th Floor
      One Logan Square
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 153532-00101.
      The phone number is 215-569-5619.
      The fax number is 215-832-5619.
      The email address is pecsenye@blankrome.com

The owner's/holder's proposed attorney information: Timothy D. Pecsenye. Other appointed attorneys are David M. Perry, Bruce D. George, Lisa Casey Spaniel, Megan E. Spitz, Zachary A. Aria, Matthew A. Homyk, Bradford C. Craig, Shaun J. Bockert, Thomas H. Kelly, Jillian Taylor, Samar Aryani-Sabet and Blake D. Fink. Timothy D. Pecsenye of BLANK ROME LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      8th Floor
      One Logan Square
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 153532-00101.
      The phone number is 215-569-5619.
      The fax number is 215-832-5619.
      The email address is pecsenye@blankrome.com

Timothy D. Pecsenye 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):
      TIMOTHY D. PECSENYE
      PRIMARY EMAIL FOR CORRESPONDENCE: pecsenye@blankrome.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 153532-00101.
Correspondence Information (proposed):
      Timothy D. Pecsenye
      PRIMARY EMAIL FOR CORRESPONDENCE: pecsenye@blankrome.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 153532-00101.

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).

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: /Timothy D. Pecsenye/      Date: 03/17/2020
Signatory's Name: Timothy D. Pecsenye
Signatory's Position: Attorney of record, PA bar member
Signatory's Phone Number: 215-569-5619


Response Signature
Signature: /Timothy D. Pecsenye/     Date: 03/17/2020
Signatory's Name: Timothy D. Pecsenye
Signatory's Position: Attorney of record, PA bar member

Signatory's Phone Number: 215-569-5619

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:    TIMOTHY D. PECSENYE
   BLANK ROME LLP
   8th Floor
   One Logan Square
   PHILADELPHIA, Pennsylvania 19103
Mailing Address:    Timothy D. Pecsenye
   BLANK ROME LLP
   8th Floor
   One Logan Square
   PHILADELPHIA, Pennsylvania 19103
        
Serial Number: 88489965
Internet Transmission Date: Tue Mar 17 18:41:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-202003171841001279
45-88489965-7103c519a7bb619428cfced2a8d5
b33534996aba65503751848721f9754abb816b-N
/A-N/A-20200317183319812343