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. 88510338 LIFE IN CHECK (Stylized and/or with Design, see http://uspto.report/TM/88510338/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 037 for Pharmaceutical disposal and take-back services; pharmaceutical and drug take-back services; providing online information in the field of prescription drug disposal and take-back services

Applicant proposes to amend the following:
Current: Class 009 for Software and software applications providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; software and software applications for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; software and software applications for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; electronic communications platform consisting of technologies, namely, a mobile software application for providing access to electronic mail and text messaging for communicating personalized health and wellness content to users; downloadable computer software for providing a consumer savings program to program participants with rebates and savings offers and the ability to verify and redeem rebates and savings offers; downloadable computer software for connecting program participants through social media communities; computer software, namely, a downloadable mobile application for electronic benefit transfers
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: Software and software applications providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; Downloadable software and software applications providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; software and software applications for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; downloadable software and software applications for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; software and software applications for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; downloadable software and software applications for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; electronic communications platform consisting of technologies, namely, a mobile software application for providing access to electronic mail and text messaging for communicating personalized health and wellness content to users; electronic communications platform consisting of technologies, namely, a downloadable mobile software application for providing access to electronic mail and text messaging for communicating personalized health and wellness content to users; downloadable computer software for providing a consumer savings program to program participants with rebates and savings offers and the ability to verify and redeem rebates and savings offers; downloadable computer software for connecting program participants through social media communities; computer software, namely, a downloadable mobile application for electronic benefit transfersClass 009 for Downloadable software and software applications providing price quotations, price comparisons, coupons and rebate information for pharmaceuticals and over the counter medications; downloadable software and software applications for providing product information for the purpose of selection of pharmaceuticals and over the counter medications; downloadable software and software applications for providing membership services enabling members to access discount price quotations for purchases of pharmaceuticals; electronic communications platform consisting of technologies, namely, a downloadable mobile software application for providing access to electronic mail and text messaging for communicating personalized health and wellness content to users; downloadable computer software for providing a consumer savings program to program participants with rebates and savings offers and the ability to verify and redeem rebates and savings offers; downloadable computer software for connecting program participants through social media communities; computer software, namely, a downloadable mobile application for electronic benefit transfers
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 proposes to amend the following:
Current: Class 035 for Promoting consumer and pharmaceutical goods of others through distribution of digital coupons, and the administration of incentive award programs; providing online price quotations, price comparisons, coupons and rebate information for consumer goods, pharmaceutical goods and over the counter medications; providing online product information for the purpose of selection of consumer goods, pharmaceutical goods and over the counter medications; membership services, namely, operation and maintenance of a membership organization for discount price quotations of consumer goods, pharmaceutical goods and over the counter medications; business administration of consumer membership programs for enabling participants to improve management of their health and wellness by communicating personalized health and wellness content; incentive award programs to promote the sale of products and services of others, namely, providing motivating incentives in the form of digital coupons and nutritional value scores; promoting the goods and services of others, namely, providing a website for program participants to verify and redeem rebates and access savings offers; promoting the goods and services of others via an interactive web site providing coupons, rewards and loyalty related incentives
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: Promoting consumer and pharmaceutical goods of others through distribution of digital coupons, and the administration of incentive award programs; providing online price quotations, price comparisons, coupons and rebate information for consumer goods, pharmaceutical goods and over the counter medications; providing online product information for the purpose of selection of consumer goods, pharmaceutical goods and over the counter medications; membership services, namely, operation and maintenance of a membership organization for discount price quotations of consumer goods, pharmaceutical goods and over the counter medications; business administration of consumer membership programs for enabling participants to improve management of their health and wellness by communicating personalized health and wellness content; incentive award programs to promote the sale of products and services of others, namely, providing motivating incentives in the form of digital coupons and nutritional value scores; promoting the goods and services of others, namely, providing a website for program participants to verify and redeem rebates and access savings offers; promoting the goods and services of others via an interactive web site providing coupons, rewards and loyalty related incentives; Providing a website featuring information regarding price quotations, price comparisons, coupons, and rebate information for pharmaceuticals and over the counter medicationsClass 035 for Promoting consumer and pharmaceutical goods of others through distribution of digital coupons, and the administration of incentive award programs; providing online price quotations, price comparisons, coupons and rebate information for consumer goods, pharmaceutical goods and over the counter medications; providing online product information for the purpose of selection of consumer goods, pharmaceutical goods and over the counter medications; membership services, namely, operation and maintenance of a membership organization for discount price quotations of consumer goods, pharmaceutical goods and over the counter medications; business administration of consumer membership programs for enabling participants to improve management of their health and wellness by communicating personalized health and wellness content; incentive award programs to promote the sale of products and services of others, namely, providing motivating incentives in the form of digital coupons and nutritional value scores; promoting the goods and services of others, namely, providing a website for program participants to verify and redeem rebates and access savings offers; promoting the goods and services of others via an interactive web site providing coupons, rewards and loyalty related incentives; Providing a website featuring information regarding price quotations, price comparisons, coupons, and rebate information for pharmaceuticals 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 proposes to amend the following:
Current: Class 044 for Providing a website featuring information and advice in the fields of health, lifestyle wellness, diet, personal nutrition, diet planning, and medication; Providing a website featuring information regarding price quotations, price comparisons, coupons, rebate information, and disposal and take-back information for pharmaceuticals 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: Providing a website featuring information and advice in the fields of health, lifestyle wellness, diet, personal nutrition, diet planning, and medication; Providing a website featuring information regarding price quotations, price comparisons, coupons, rebate information, and disposal and take-back information for pharmaceuticals and over the counter medicationsClass 044 for Providing a website featuring information and advice in the fields of health, lifestyle wellness, diet, personal nutrition, diet planning, and medication
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 039 (Original Class: 037 ) for Collection of pharmaceutical products for take-back; collection of pharmaceutical products and drugs for take-back services; providing online information in the field of collection of prescription drugs for take-back services; providing a website featuring information regarding collection of pharmaceuticals and over the counter medications for take-back
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 040 for Destruction of pharmaceutical products; pharmaceutical and drug destruction services; providing online information in the field of prescription drug destruction; providing a website featuring information regarding the destruction of pharmaceuticals 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Inmar, Inc., a corporation of North Carolina, having an address of
      635 Vine Street
      Winston-Salem, North Carolina 27101
      United States

Proposed: Inmar, Inc., a corporation of North Carolina, having an address of
      635 Vine Street
      Winston-Salem, North Carolina 27101
      United States
      Email Address: TMClient@kilpatricktownsend.com

The owner's/holder's current attorney information: Laura C. Miller. Laura C. Miller of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      United States
The docket/reference number is 1144154.
      The phone number is 336-607-7300.
      The fax number is 336-607-7500.
      The email address is tmadmin@kilpatricktownsend.com

The owner's/holder's proposed attorney information: Laura C. Miller. Other appointed attorneys are all the attorneys of Kilpatrick Townsend & Stockton LLP. Laura C. Miller of KILPATRICK TOWNSEND & STOCKTON 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

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      United States
The docket/reference number is 1144154.
      The phone number is 336-607-7300.
      The fax number is 336-607-7500.
      The email address is tmadmin@kilpatricktownsend.com

Laura C. Miller 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):
      LAURA C. MILLER
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wstrademarks@kilpatricktownsend.com

The docket/reference number is 1144154.
Correspondence Information (proposed):
      Laura C. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wstrademarks@kilpatricktownsend.com

The docket/reference number is 1144154.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /laura miller/      Date: 03/12/2020
Signatory's Name: Laura Miller
Signatory's Position: Attorney of Record, NC Bar Member
Signatory's Phone Number: 336-607-7300


Response Signature
Signature: /laura miller/     Date: 03/12/2020
Signatory's Name: Laura Miller
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 336-607-7300

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:    LAURA C. MILLER
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET, SUITE 2800
   MAILSTOP: IP DOCKETING - 22
   ATLANTA, Georgia 30309
Mailing Address:    Laura C. Miller
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET, SUITE 2800
   MAILSTOP: IP DOCKETING - 22
   ATLANTA, Georgia 30309
        
RAM Sale Number: 88510338
RAM Accounting Date: 03/12/2020
        
Serial Number: 88510338
Internet Transmission Date: Thu Mar 12 15:00:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020031215000017
1270-88510338-71051ffc8d9f61ff2e42d4227a
2a3ac4bf846701523217b1e98c347a2f5970-CC-
59583174-20200311114945947028