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. 88521640 A AIKEN REGIONAL MEDICAL CENTERS (Stylized and/or with Design, see http://uspto.report/TM/88521640/mark.png) has been amended as follows:

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

This is in response to the office action dated August 29, 2019 (the "Office Action") for U.S. Application Serial No. 88/521,640 for A AIKEN REGIONAL MEDICAL CENTERS & design (the "Application" or "Mark"). In the Office Action, the Examining Attorney issued a disclaimer requirement for the ?AIKEN REGIONAL MEDICAL CENTERS? wording in the Mark. With this present response, Applicant enters a 2(f)-in-part claim of acquired distinctiveness for the ?AIKEN REGIONAL MEDICAL CENTERS? wording based on Applicant's existing registration for the wording (U.S. Reg. No. 4,391,025). Having addressed all of the issues in the Office Action, Applicant respectfully requests that the Examining Attorney permit the Application to proceed to publication.

The applicant's current attorney information: Charles Smouse. Charles Smouse of UHS OF DELAWARE, INC., is located at

      367 S. GULPH ROAD
      KING OF PRUSSIA, Pennsylvania 19406
      US

The phone number is 610-382-4504.

The email address is charles.smouse@uhsinc.com

The applicants proposed attorney information: Charles Smouse. Charles Smouse of UHS OF DELAWARE, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      367 S. GULPH ROAD
      KING OF PRUSSIA, Pennsylvania 19406
      United States

The phone number is 610-382-4504.

The email address is charles.smouse@uhsinc.com

Charles Smouse 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: CHARLES SMOUSE. CHARLES SMOUSE of UHS OF DELAWARE, INC., is located at

      367 S. GULPH ROAD
      KING OF PRUSSIA, Pennsylvania 19406
      US

The phone number is 610-382-4504.

The email address is charles.smouse@uhsinc.com; carolyn.esch@uhsinc.com; ip@williamsmullen.com

The applicants proposed correspondence information: Charles Smouse. Charles Smouse of UHS OF DELAWARE, INC., is located at

      367 S. GULPH ROAD
      KING OF PRUSSIA, Pennsylvania 19406
      United States

The phone number is 610-382-4504.

The email address is charles.smouse@uhsinc.com; carolyn.esch@uhsinc.com; ip@williamsmullen.com

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4391025.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
AIKEN REGIONAL MEDICAL CENTERS has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4391025


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: /Charles D. Smouse/      Date: 09/27/2019
Signatory's Name: Charles D. Smouse
Signatory's Position: Attorney of Record
Signatory's Phone Number: 6103824504


Response Signature
Signature: /Charles D. Smouse/     Date: 09/30/2019
Signatory's Name: Charles D. Smouse
Signatory's Position: Associate General Counsel

Signatory's Phone Number: 6103824504

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:    CHARLES SMOUSE
   UHS OF DELAWARE, INC.
   
   367 S. GULPH ROAD
   KING OF PRUSSIA, Pennsylvania 19406
Mailing Address:    Charles Smouse
   UHS OF DELAWARE, INC.
   367 S. GULPH ROAD
   KING OF PRUSSIA, Pennsylvania 19406
        
Serial Number: 88521640
Internet Transmission Date: Mon Sep 30 09:42:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-201909300942410087
52-88521640-61010a556ed2efaca6f574e7a952
791a55ed34a148253906ee1e5fa434d91e816b2-
N/A-N/A-20190926103351557369