Response to Office Action

SPIREHEALTH

Spire, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88602806
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88602806/mark.png
LITERAL ELEMENT SPIREHEALTH
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) turquoise, blue, gray, white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of spirehealth is one word, all lowercase, in a shade of gray and the word spire in boldface. In front of spirehealth is a perfect circle of the same height . The color of the circle is white in the center and the outline of the circle transition from turquoise to blue from left to right. A smooth line runs across the lower 1/3 of the circle from left to right and have a smooth peak in the center of the circle. The color of the smooth line transition from turquoise to blue from left to right that matches the color transition of the outline of the circle.
ARGUMENT(S)
Please see the attached
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_47150215123-20200129210954968858_._ga3847_argument.pdf
       CONVERTED PDF FILE(S)
       (9 pages)
\\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\886\028\88602806\xml6\ROA0010.JPG
DESCRIPTION OF EVIDENCE FILE Arguments in support of registration
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the stylized gray wording "SPIREHEALTH". To the left of the wording is a circle with a sinusoidal curve in the middle; these design elements appear in gradient shades of blue and turquoise. White is not a claimed color of the mark and is used for background only.
ACTIVE PRIOR REGISTRATION(S) The applicant claims ownership of active prior U.S. Registration Number(s) 4729249.
ATTORNEY SECTION (new)
NAME Joshua A. Schaul
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME GARVEY ADAM LLP
INTERNAL ADDRESS Suite 530
STREET 19900 MacArthur Boulevard
CITY Irvine
STATE California
POSTAL CODE 92612
COUNTRY United States
PHONE 7149244377
EMAIL trademark@garveyadam.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ga3847
CORRESPONDENCE SECTION (current)
NAME SPIRE, INC.
FIRM NAME SPIRE, INC.
STREET 2030 HARRISON ST, 2ND FLOOR
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94110
COUNTRY US
PHONE 626-200-9733
EMAIL mimi@pachealthinv.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Joshua A. Schaul
FIRM NAME GARVEY ADAM LLP
INTERNAL ADDRESS Suite 530
STREET 19900 MacArthur Boulevard
CITY Irvine
STATE California
POSTAL CODE 92612
COUNTRY United States
PHONE 7149244377
EMAIL trademark@garveyadam.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ga3847
SIGNATURE SECTION
DECLARATION SIGNATURE /jas/
SIGNATORY'S NAME Joshua A. Schaul
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 01/29/2020
RESPONSE SIGNATURE /jas/
SIGNATORY'S NAME Joshua A. Schaul
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 01/29/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 29 21:14:57 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200129211457382170-8860
2806-700d1f9ca1bf76a2b755
980fbc9fea87ebf3ef4c388da
94932617decfc49c5b37-N/A-
N/A-20200129210954968858



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. 88602806 SPIREHEALTH (Stylized and/or with Design, see http://uspto.report/TM/88602806/mark.png) has been amended as follows:

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

Please see the attached

EVIDENCE
Evidence in the nature of Arguments in support of registration has been attached.
Original PDF file:
evi_47150215123-20200129210954968858_._ga3847_argument.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

The applicant hereby appoints Joshua A. Schaul. Joshua A. Schaul of GARVEY ADAM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 530
      19900 MacArthur Boulevard
      Irvine, California 92612
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is ga3847.

The phone number is 7149244377.

The email address is trademark@garveyadam.com

Joshua A. Schaul 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: SPIRE, INC.. SPIRE, INC. of SPIRE, INC., is located at

      2030 HARRISON ST, 2ND FLOOR
      SAN FRANCISCO, California 94110
      US

The phone number is 626-200-9733.

The email address is mimi@pachealthinv.com

The applicants proposed correspondence information: Joshua A. Schaul. Joshua A. Schaul of GARVEY ADAM LLP, is located at

      Suite 530
      19900 MacArthur Boulevard
      Irvine, California 92612
      United States
The docket/reference number is ga3847.

The phone number is 7149244377.

The email address is trademark@garveyadam.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized gray wording "SPIREHEALTH". To the left of the wording is a circle with a sinusoidal curve in the middle; these design elements appear in gradient shades of blue and turquoise. White is not a claimed color of the mark and is used for background only.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4729249.


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: /jas/      Date: 01/29/2020
Signatory's Name: Joshua A. Schaul
Signatory's Position: Attorney of record, California bar member

Response Signature
Signature: /jas/     Date: 01/29/2020
Signatory's Name: Joshua A. Schaul
Signatory's Position: Attorney of record, California bar member

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:    SPIRE, INC.
   SPIRE, INC.
   
   2030 HARRISON ST, 2ND FLOOR
   SAN FRANCISCO, California 94110
Mailing Address:    Joshua A. Schaul
   GARVEY ADAM LLP
   Suite 530
   19900 MacArthur Boulevard
   Irvine, California 92612
        
Serial Number: 88602806
Internet Transmission Date: Wed Jan 29 21:14:57 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001292114573
82170-88602806-700d1f9ca1bf76a2b755980fb
c9fea87ebf3ef4c388da94932617decfc49c5b37
-N/A-N/A-20200129210954968858


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