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. 88617384 PREMIER(Standard Characters, see http://uspto.report/TM/88617384/mark.png) has been amended as follows:

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

Please see the Arguments set forth in the Evidence Section.

EVIDENCE
Evidence has been attached: Applicant's Textual Arguments and Exhibits A-D.
Original PDF file:
evi_47206150242-202004161 60122403415_._LNCR.18002_ Textual_Response_to_OA.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_47206150242-202004161 60122403415_._Exhibit_A_D eclaration_of_Distinctive ness.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_47206150242-202004161 60122403415_._Exhibit_B_E xaminer_Email_IC_035.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_47206150242-202004161 60122403415_._Exhibit_C_I C_039_Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_47206150242-202004161 60122403415_._Exhibit_D_S ubstitute_Specimen_Declar ation.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Educational and training services, namely, conducting courses and classes in the fields of respiratory therapy, nebulizer therapy, and ventilator therapy; educational and training services, namely, conducting courses and classes in the fields of properly using medical equipment and supplies

Applicant proposes to amend the following:

Current:
Class 039 for Distribution services, namely, delivery of durable medical equipment and supplies for home health care; oxygen supply services for medical purposes, namely, delivery of oxygen for home health care
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2013 and first used in commerce at least as early as 03/31/2013 , and is now in use in such commerce.


Proposed:
Class 039 for Distribution services, namely, delivery of durable medical equipment and supplies for home health care; oxygen supply services for medical purposes, namely, delivery of oxygen for home health care
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2013 and first used in commerce at least as early as 03/31/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 039. The specimen(s) submitted consists of a web page from Applicant's website and a declaration in support thereof.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-47206150242-20200416 160122403415_._Exhibit_C_ IC_039_Substitute_Specime n.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU1-47206150242-20200416 160122403415_._Exhibit_D_ Substitute_Specimen_Decla ration.pdf
Converted PDF file(s) ( 1 page) Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Lincare Licensing Inc., a corporation of Delaware, having an address of
      19387 U.S. 19 North
      Clearwater, Florida 33764
      United States

Proposed: Lincare Licensing Inc., a corporation of Delaware, having an address of
      19387 U.S. 19 North
      Clearwater, Florida 33764
      United States
      Email Address: XXXX
Correspondence Information (current):
      DANIEL R. FRIJOUF
      PRIMARY EMAIL FOR CORRESPONDENCE: frijouf@frijouf.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LNCR.18002.
Correspondence Information (proposed):
      Daniel R. Frijouf
      PRIMARY EMAIL FOR CORRESPONDENCE: frijouf@frijouf.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LNCR.18002.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_47206150242-160122403_ ._Exhibit_D_Substitute_Sp ecimen_Declaration.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: Gregory McCarthy
Signatory's Position: COO

Response Signature
Signature: /d/     Date: 04/16/2020
Signatory's Name: Daniel R. Frijouf
Signatory's Position: attorney

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:    DANIEL R. FRIJOUF
   FRIJOUF, RUST & PYLE, P.A.
   
   201 EAST DAVIS BLVD.
   TAMPA, Florida 33606
Mailing Address:    Daniel R. Frijouf
   FRIJOUF, RUST & PYLE, P.A.
   201 EAST DAVIS BLVD.
   TAMPA, Florida 33606
        
Serial Number: 88617384
Internet Transmission Date: Thu Apr 16 16:11:57 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202004161611571
09931-88617384-7103de061fbbe613157d387fb
1342fb163ff707ec7babc28a8fe2a7ddaa35a2ef
e-N/A-N/A-20200416160122403415