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. 88512958 BRAID (Stylized and/or with Design, see http://uspto.report/TM/88512958/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 010 for Software for use in calculating, transferring and storing data relating to medical diagnosis and evaluations of medical imagery

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Virtual chatrooms for a collaborative community of medical professionals; sharing information, observations and expertise among medical professionals concerning patient care, use of medical devices and pharmaceuticals; providing multiple-use access to a global computer information network in the field of health care
Original Filing Basis:
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: Virtual chatrooms for a collaborative community of medical professionals; Providing virtual chatrooms for a collaborative community of medical professionals; sharing information, observations and expertise among medical professionals concerning patient care, use of medical devices and pharmaceuticals; providing multiple-use access to a global computer information network in the field of health careClass 038 for Providing virtual chatrooms for a collaborative community of medical professionals; providing multiple-use access to a global computer information network in the field of health care
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 class of goods/services in the application:
Current: Class 042 for Data automation and collection services using proprietary software to evaluate, analyze and collect medical data; Providing a secured-access, members only website featuring technology that gives registered Internet networked medical professionals the ability to network, communicate and share data for the purposes of medical diagnosis and evaluations of medical imagery; Hosting an interactive website for collaboration of medical professionals; Providing health information and analysis in the nature of the performance of and quality of care provided by hospitals and medical professionals; providing use of software for health risk assessment and profiling in the field of preventative medicine
Original Filing Basis:
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: Data automation and collection services using proprietary software to evaluate, analyze and collect medical data; Providing a secured-access, members only website featuring technology that gives registered Internet networked medical professionals the ability to network, communicate and share data for the purposes of medical diagnosis and evaluations of medical imagery; Providing a secured-access, members only website featuring technology that enables registered Internet networked medical professionals the ability to network, communicate and share data for the purposes of medical diagnosis and evaluations of medical imagery; Hosting an interactive website for collaboration of medical professionals; Providing health information and analysis in the nature of the performance of and quality of care provided by hospitals and medical professionals; providing temporary use of online non-downloadable software for health risk assessment and profiling in the field of preventative medicine; providing use of software for health risk assessment and profiling in the field of preventative medicineClass 042 for Data automation and collection services using proprietary software to evaluate, analyze and collect medical data; Providing a secured-access, members only website featuring technology that enables registered Internet networked medical professionals the ability to network, communicate and share data for the purposes of medical diagnosis and evaluations of medical imagery; Hosting an interactive website for collaboration of medical professionals; providing temporary use of online non-downloadable software for health risk assessment and profiling in the field of preventative medicine
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 class of goods/services in the application:
Current: Class 044 for Medical assistance services in the nature of medical information provided to and among medical professionals via the Internet and global computer networks through the use of archived medical images and a data storage and retrieval system; consulting and counseling services in the field of preventative medicine; providing information via the internet in the field of healthcare, namely, providing news and information concerning healthcare-related topics to subscribers such as physicians and other healthcare professionals; and providing news regarding medical and health related events via the internet
Original Filing Basis:
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: Medical assistance services in the nature of medical information provided to and among medical professionals via the Internet and global computer networks through the use of archived medical images and a data storage and retrieval system; consulting and counseling services in the field of preventative medicine; providing information via the internet in the field of healthcare, namely, providing news and information concerning healthcare-related topics to subscribers such as physicians and other healthcare professionals; and providing news regarding medical and health related events via the internet; providing news regarding medical and health related events via the internet; Providing information including observations and expertise among medical professionals concerning patient care, use of medical devices and pharmaceuticals; Providing health information and analysis in the nature of the performance of and quality of care provided by hospitals and medical professionalsClass 044 for Medical assistance services in the nature of medical information provided to and among medical professionals via the Internet and global computer networks through the use of archived medical images and a data storage and retrieval system; consulting and counseling services in the field of preventative medicine; providing information via the internet in the field of healthcare, namely, providing news and information concerning healthcare-related topics to subscribers such as physicians and other healthcare professionals; providing news regarding medical and health related events via the internet; Providing information including observations and expertise among medical professionals concerning patient care, use of medical devices and pharmaceuticals; Providing health information and analysis in the nature of the performance of and quality of care provided by hospitals and medical professionals
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 009 (Original Class: 010 ) for Downloadable software for use in calculating, transferring and storing data relating to medical diagnosis and evaluations of medical imagery
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.

The applicant's current attorney information: Angela C. Wilcox. Angela C. Wilcox of WILCOX IP, PC, is located at

      55 WEST MONROE, SUITE 3500
      CHICAGO, Illinois 60603
      US

The phone number is 312-224-1504.

The email address is awilcox@wilcoxip.com

The applicants proposed attorney information: Angela C. Wilcox. Other appointed attorneys are Mary A. Cadrot. Angela C. Wilcox of WILCOX IP, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 3500
      55 West Monroe
      CHICAGO, Illinois 60603
      United States
The docket/reference number is 19-0083.

The phone number is 312-224-1504.

The email address is awilcox@wilcoxip.com

Angela C. Wilcox 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.
The applicant's current correspondence information: ANGELA C. WILCOX. ANGELA C. WILCOX of WILCOX IP, PC, is located at

      55 WEST MONROE, SUITE 3500
      CHICAGO, Illinois 60603
      US

The phone number is 312-224-1504.

The email address is awilcox@wilcoxip.com; mcadrot@wilcoxip.com

The applicants proposed correspondence information: Angela C. Wilcox. Angela C. Wilcox of WILCOX IP, PC, is located at

      Suite 3500
      55 West Monroe
      CHICAGO, Illinois 60603
      United States
The docket/reference number is 19-0083.

The phone number is 312-224-1504.

The email address is awilcox@wilcoxip.com; mcadrot@wilcoxip.com

SIGNATURE(S)
Response Signature
Signature: /Mary A. Cadrot/     Date: 11/05/2019
Signatory's Name: Mary A. Cadrot
Signatory's Position: Attorney for Applicant, IL Bar Member

Signatory's Phone Number: 312-224-1542

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:    ANGELA C. WILCOX
   WILCOX IP, PC
   
   55 WEST MONROE, SUITE 3500
   CHICAGO, Illinois 60603
Mailing Address:    Angela C. Wilcox
   WILCOX IP, PC
   Suite 3500
   55 West Monroe
   CHICAGO, Illinois 60603
        
Serial Number: 88512958
Internet Transmission Date: Tue Nov 05 13:11:32 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019110513113242
7856-88512958-7001f3c72de45560c51fb155ab
1099ea7378c4640b07fb5ddce64362caea6315e-
N/A-N/A-20191105125553877112