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. 88626697 HEALTHCARE AISLE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8862669 7/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action
Original PDF file:
evi_47184684-202006291547 17445822_._REDDYP_327_PDF _RESPONSE.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Diverse line of Over-The-Counter medicines to include, but not limited to: allergy relief medications; analgesics; antacids; antihistamines; decongestant capsules and tablets; decongestant nasal sprays; medicinal gastrointestinal preparations; medicated smoking cessation patches, gums and lozenges
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, 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/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Diverse line of Over-The-Counter medicines to include, but not limited to: allergy relief medications; Diverse line of Over-The-Counter medicines, namely, allergy relief medications, analgesics, antacids, antihistamines, decongestant capsules and tablets; analgesics; decongestant nasal sprays; antacids; medicinal gastrointestinal preparations; antihistamines; medicated smoking cessation patches, gums and lozenges; decongestant capsules and tabletsClass 005 for Diverse line of Over-The-Counter medicines, namely, allergy relief medications, analgesics, antacids, antihistamines, decongestant capsules and tablets; decongestant nasal sprays; medicinal gastrointestinal preparations; medicated smoking cessation patches, gums and lozenges
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, 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/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use HEALTHCARE apart from the mark as shown.


Miscellaneous Statement
A REVOCATION (now known as a CHANGE OF REPRESENTATIVE "COR") was filed on June 29, 2020 and has not been logged into the PTO database system. The person signing this response is new counsel, PAUL H. KOCHANSKI with LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK but not the attorney listed in the Response. The attorney bar information belongs to new appointed counsel, PAUL H. KOCHANSKI and not previous counsel PETER M. FERRELL II. This Response was filed in new counsel's name as latest attorney of record. We were not able to correct this field at the time of this filing.


The owner's/holder's current attorney information: Peter M. Ferrell III. Peter M. Ferrell III of FERRELLS, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P. O. BOX 312
      CLIFTON, Virginia 20124-1706
      United States
The docket/reference number is HealthCare2.
      The phone number is 703-250-5687.
      The email address is Peter@Ferrellaw.com

The owner's/holder's proposed attorney information: Peter M. Ferrell III. Other appointed attorneys are Ryan L. Bergeron, April M. Capati, Albert J. Chen, Melanie A. Chernoff, Orville R. Cockings, Harvey L Cohen, Robert B. Cohen, Alyssa N. D'Antonio, Jonathan A. David, Sidney David, William A Di Bianca, Aaron S. Eckenthal, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Stephen B. Goldman, Kendall K. Gurule; Joseph Hajjar, Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Elizabeth A. Lafferty, Daniel P. Laine, Andrew T. Lane, David G. Leach, Joseph S. Littenberg; Stephen M. Lund, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, Nahoko Ono, Thomas M. Palisi, Gregg A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello; Stephen F. Roth, Christian E. Samay, Scott R. Samay, Bruce H. Sales, Dennis M. Smid, Alexander Solo, Michael H. Teschner, Brian R. Tomkins, Tedd W. Van Buskirk, Joseph K. Venier, James A. Vezeris, Lingyan Wang, and Roy H. Wepner. Peter M. Ferrell III of LERNER, DAVID, LITTENBERG, ET AL., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      20 Commerce Drive
      Cranford, New Jersey 07016
      United States
The docket/reference number is REDDYP.327.
      The phone number is 908-654-5000.
      The fax number is 908-654-7866.
      The email address is TRADEMARKADMIN@LERNERDAVID.COM

Peter M. Ferrell III 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.Correspondence Information (current):
      Peter M. Ferrell III
      PRIMARY EMAIL FOR CORRESPONDENCE: Peter@Ferrellaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Mike@Ferrellaw.com

The docket/reference number is HealthCare2.
Correspondence Information (proposed):
      Peter M. Ferrell III
      PRIMARY EMAIL FOR CORRESPONDENCE: TRADEMARKADMIN@LERNERDAVID.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is REDDYP.327.

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)
Response Signature
Signature: /Paul H. Kochanski/     Date: 06/29/2020
Signatory's Name: Kochanski, Paul H.
Signatory's Position: Attorney of Record, NJ Bar Member

Signatory's Phone Number: 908-654-5000

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:    Peter M. Ferrell III
   FERRELLS, PLLC
   
   P. O. BOX 312
   CLIFTON, Virginia 20124-1706
Mailing Address:    Peter M. Ferrell III
   LERNER, DAVID, LITTENBERG, ET AL.
   20 Commerce Drive
   Cranford, New Jersey 07016
        
Serial Number: 88626697
Internet Transmission Date: Mon Jun 29 16:16:02 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202006291616022934
15-88626697-710bbb129388b67dd9f3341ceb28
b79ae19146913372cdc87d7b92b14c166c038-N/
A-N/A-20200629154717445822