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 |
88612207 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK |
http://uspto.report/TM/88612207/mark.png |
LITERAL ELEMENT |
KABICARE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Training guides, manuals in electronic format |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Training guides, manuals in electronic format; Training guides,
namely, downloadable manuals in electronic format for medical, healthcare and nutrition purposes; Training guides and manuals in electronic format, namely,
electronic publication manuals featuring medicine, healthcare and nutrition matter recorded on computer media. |
FINAL DESCRIPTION |
Training guides, namely, downloadable manuals in electronic format for medical, healthcare and nutrition purposes; Training guides and
manuals in electronic format, namely, electronic publication manuals featuring medicine, healthcare and nutrition matter recorded on computer media. |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed matter |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Printed matter; Printed matter, namely, periodicals, newsletters,
manuals, brochures, and books in the fields of medicine, healthcare and nutrition. |
FINAL DESCRIPTION |
Printed matter, namely, periodicals, newsletters, manuals, brochures, and books in the fields of medicine, healthcare and
nutrition. |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education and training services; educational support programs for patients, caregivers and health care professionals; instructional
services for patients, caregivers and health care professionals |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Education and training services; Education and training services,
all being in the nature of computer education training services in the fields of medical, health and nutrition services; educational support programs for
patients, caregivers and health care professionals; educational support programs for patients, caregivers and health care professionals, all being in the nature
of computer education training services in the fields of medical, health and nutrition services; instructional services for patients, caregivers and health care
professionals; instructional services for patients, caregivers and health care professionals, all being in the nature of computer education training services in
the fields of medical, health and nutrition services; Education and training services, namely, classes and instruction in the fields of medicine, health and
nutrition; Education and training services, namely, providing tutoring in the fields of medicine, health and nutrition; Education and training services, namely, education services providing classes, seminars and workshops in the fields of medicine, health and nutrition; Education and training services, namely, providing live and on-line classes, seminars and workshops in the fields of medicine, health and nutrition; Education and training services, namely, providing career re-training in the fields of medicine, health and nutrition; Education and training
services, namely, providing continuing professional education courses in the fields of medicine, health and nutrition; Education and training services, namely,
training services in the fields of medicine, health and nutrition; Education and training services, namely, interactive on-line training services in the fields
of medicine, health and nutrition. |
FINAL DESCRIPTION |
Education and training services, all being in the nature of computer education training services in the fields of medical, health and
nutrition services; educational support programs for patients, caregivers and health care professionals, all being in the nature of computer education training services in the fields of medical,
health and nutrition services; instructional services for patients, caregivers and health care professionals, all being in the nature of computer education training services in the fields of medical,
health and nutrition services; Education and training services, namely, classes and instruction in the fields of medicine, health and nutrition; Education and training services, namely, providing
tutoring in the fields of medicine, health and nutrition; Education and training services, namely, education services providing classes, seminars and workshops in the fields of medicine, health and
nutrition; Education and training services, namely, providing live and on-line classes, seminars and workshops in the fields of medicine, health and nutrition; Education and training services,
namely, providing career re-training in the fields of medicine, health and nutrition; Education and training services, namely, providing continuing professional education courses in the fields of
medicine, health and nutrition; Education and training services, namely, training services in the fields of medicine, health and nutrition; Education and training services, namely, interactive
on-line training services in the fields of medicine, health and nutrition. |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (044)(current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical and health care services for human beings; providing information in the field of health via a website; nutritional advisory and
consultation services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
GOODS AND/OR SERVICES SECTION (044)(proposed) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical and health care services for human beings; providing information in the field of health via a website; nutritional advisory and
consultation services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
03/12/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302019005714 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
04/24/2019 |
FOREIGN EXPIRATION DATE |
03/12/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU3-6488163230-093245547_._lars___German_Registration_No._30_2019_005_714__21763235_1_.PDF |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0005.JPG |
ORIGINAL PDF FILE |
FRU3-6488163230-093245547_._.042___German_Registration_No._30_2019_005_714__21763333_1_.PDF |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\886\122\88612207\xml5\ROA0008.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant respectfully requests approval of the trademark application for publication. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/SW/ |
SIGNATORY'S NAME |
Scott D. Woldow |
SIGNATORY'S POSITION |
Attorney of Record, DC bar member |
SIGNATORY'S PHONE NUMBER |
202-263-4300 |
DATE SIGNED |
11/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Nov 12 09:41:50 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0191112094150029987-88612
207-70097f1fbc88a18e825fa
9921f392d30d269552c98f639
36b78522e63bb9fe26-N/A-N/
A-20191112093245547988 |
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.
88612207 KABICARE(Standard Characters, see http://uspto.report/TM/88612207/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Training guides, manuals in electronic format
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered
04/24/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Training guides, manuals in electronic format;
Training guides, namely, downloadable manuals in
electronic format for medical, healthcare and nutrition purposes;
Training guides and manuals in electronic format, namely, electronic publication manuals
featuring medicine, healthcare and nutrition matter recorded on computer media.Class 009 for Training guides, namely, downloadable manuals in electronic format for medical, healthcare and
nutrition purposes; Training guides and manuals in electronic format, namely, electronic publication manuals featuring medicine, healthcare and nutrition matter recorded on computer media.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered 04/24/2019
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed matter
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered
04/24/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Printed matter;
Printed matter, namely, periodicals, newsletters, manuals, brochures, and books in
the fields of medicine, healthcare and nutrition.Class 016 for Printed matter, namely, periodicals, newsletters, manuals, brochures, and books in the fields of medicine, healthcare and
nutrition.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered 04/24/2019
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education and training services; educational support programs for patients, caregivers and health care professionals; instructional services for patients, caregivers and
health care professionals
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered
04/24/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Education and training services;
Education and training services, all being in the nature of
computer education training services in the fields of medical, health and nutrition services;
educational support programs for patients, caregivers and health
care professionals;
educational support programs for patients, caregivers and health care professionals, all being in the nature of computer education training
services in the fields of medical, health and nutrition services;
instructional services for patients, caregivers and health care professionals;
instructional services for patients, caregivers and health care professionals, all being in the nature of computer education training services in the fields of
medical, health and nutrition services;
Education and training services, namely, classes and instruction in the fields of medicine, health and nutrition;
Education and training services, namely, providing tutoring in the fields of medicine, health and nutrition;
Education and
training services, namely, education services providing classes, seminars and workshops in the fields of medicine, health and nutrition;
Education and training
services, namely, providing live and on-line classes, seminars and workshops in the fields of medicine, health and nutrition;
Education and training services,
namely, providing career re-training in the fields of medicine, health and nutrition;
Education and training services, namely, providing continuing
professional education courses in the fields of medicine, health and nutrition;
Education and training services, namely, training services in the fields of
medicine, health and nutrition;
Education and training services, namely, interactive on-line training services in the fields of medicine, health and
nutrition.Class 041 for Education and training services, all being in the nature of computer education training services in the fields of medical, health and nutrition services; educational
support programs for patients, caregivers and health care professionals, all being in the nature of computer education training services in the fields of medical, health and nutrition services;
instructional services for patients, caregivers and health care professionals, all being in the nature of computer education training services in the fields of medical, health and nutrition services;
Education and training services, namely, classes and instruction in the fields of medicine, health and nutrition; Education and training services, namely, providing tutoring in the fields of
medicine, health and nutrition; Education and training services, namely, education services providing classes, seminars and workshops in the fields of medicine, health and nutrition; Education and
training services, namely, providing live and on-line classes, seminars and workshops in the fields of medicine, health and nutrition; Education and training services, namely, providing career
re-training in the fields of medicine, health and nutrition; Education and training services, namely, providing continuing professional education courses in the fields of medicine, health and
nutrition; Education and training services, namely, training services in the fields of medicine, health and nutrition; Education and training services, namely, interactive on-line training services
in the fields of medicine, health and nutrition.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered 04/24/2019
with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical and health care services for human beings; providing information in the field of health via a website; nutritional advisory and consultation services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section 1126(d), as
amended.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered
04/24/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed: Class 044 for Medical and health care services for human beings; providing information in the field of health via a website; nutritional advisory and consultation services
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number __________ filed 03/12/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019005714 registered 04/24/2019
with a renewal date of __________ and an expiration date of 03/12/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU3-6488163230-093245547_._lars___German_Registration_No._30_2019_005_714__21763235_1_.PDF
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Original PDF file:
FRU3-6488163230-093245547_._.042___German_Registration_No._30_2019_005_714__21763333_1_.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant respectfully requests approval of the trademark application for publication.
SIGNATURE(S)
Response Signature
Signature: /SW/ Date: 11/12/2019
Signatory's Name: Scott D. Woldow
Signatory's Position: Attorney of Record, DC bar member
Signatory's Phone Number: 202-263-4300
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.
Serial Number: 88612207
Internet Transmission Date: Tue Nov 12 09:41:50 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019111209415002
9987-88612207-70097f1fbc88a18e825fa9921f
392d30d269552c98f63936b78522e63bb9fe26-N
/A-N/A-20191112093245547988