To: | AMN Healthcare, Inc. (dmtmdocketing@sheppardmullin.com) |
Subject: | U.S. Trademark Application Serial No. 88581046 - PEAK PERFORMANCE - 07LY-301515 |
Sent: | November 20, 2019 09:23:42 AM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88581046
Mark: PEAK PERFORMANCE
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Correspondence Address: SHEPPARD MULLIN RICHTER & HAMPTON, LLP |
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Applicant: AMN Healthcare, Inc.
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Reference/Docket No. 07LY-301515
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: November 20, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. TMEP §705.01.
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Christine Baker, Special Counsel with Sheppard Mullin Richter & Hampton LLP, on November 19, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
AMENDED IDENTIFICATION OF SERVICES
The identification of services is amended to read as follows:
Class 35 –
Business information management services, namely, procedure and medication coding, business auditing, and monitoring compliance of insurance claims regulations for business purposes and financial record keeping for regulatory compliance purposes for healthcare facilities, healthcare organizations and health insurance plans
Class 41 –
Educational services for physicians, healthcare and health insurance personnel, namely, providing courses of instruction, seminars and workshops in the fields of medical records management, medical information security, monitoring workflow of medical coders for insurance billing and healthcare facility management and operation
Class 42 –
Providing consultation in the field of computer technology and computer software for medical record management, medical information security, monitoring workflow of medical coders for insurance billing, and healthcare facility management and operation
See TMEP §§1402.01, 1402.01(e).
DISCLAIMER
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “PERFORMANCE” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
PUBLICATION
After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period. The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication. The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.
The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date. An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters. If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition. When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
/Jacob Vigil/
Trademark Examining Attorney
Law Office 103
571-270-3586
jacob.vigil@uspto.gov