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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88808718 WELLDOC(Standard Characters, see http://uspto.report/TM/88808718/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer software for management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Downloadable computer software for management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionalsClass 009 for Downloadable computer software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable computer software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 042 for Software as a service (SAAS) services featuring software for collection of patient data related to medical conditions and providing feedback to patients and physicians; Software as a service (SAAS) services featuring software for management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Software as a service (SAAS) services featuring software for collection of patient data related to medical conditions and providing feedback to patients and physicians; Software as a service (SAAS) services featuring software for management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionalsClass 042 for Software as a service (SAAS) services featuring software for collection of patient data related to medical conditions and providing feedback to patients and physicians; Software as a service (SAAS) services featuring software for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Software as a service (SAAS) services featuring software for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 044 for Providing information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal featuring information and resources in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal for use in the acquisition, storage, organizing, tracking, sharing, reporting and analysis of medical and physiological data in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal featuring medical data and information of patients for use by healthcare providers and healthcare insurance providers for optimization of health care and population management; Medical consultations provided via online chat
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Providing information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing health and medical information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal featuring information and resources in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing a resource internet website portal featuring medical and health information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal for use in the acquisition, storage, organizing, tracking, sharing, reporting and analysis of medical and physiological data in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal in the field of medical and health information for use in the acquisition, storage, organizing, tracking, sharing, reporting and analysis of medical and physiological data in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal featuring medical data and information of patients for use by healthcare providers and healthcare insurance providers for optimization of health care and population management; Medical consultations provided via online chatClass 044 for Providing health and medical information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing a resource internet website portal featuring medical and health information in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal in the field of medical and health information for use in the acquisition, storage, organizing, tracking, sharing, reporting and analysis of medical and physiological data in the fields of diabetes, cardiac diseases, and chronic and acute diseases; Providing an internet website portal featuring medical data and information of patients for use by healthcare providers and healthcare insurance providers for optimization of health care and population management; Medical consultations provided via online chat
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 10/00/2013 and first used in commerce at least as early as 10/00/2013 , and is now in use in such commerce.
The owner's/holder's current attorney information: David M. Kelly. David M. Kelly of KELLY IP, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1300 19TH STREET, N.W., SUITE 300
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 192.0022.
      The phone number is 202-808-3570.
      The fax number is 202-354-5232.
      The email address is docketing@kelly-ip.com

The owner's/holder's proposed attorney information: David M. Kelly. Other appointed attorneys are All other attorneys of Kelly IP, LLP. David M. Kelly of KELLY IP, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1300 19TH STREET, N.W., SUITE 300
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 192.0022.
      The phone number is 202-808-3570.
      The fax number is 202-354-5232.
      The email address is docketing@kelly-ip.com

David M. Kelly 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):
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allison.kipp@kelly-ip.com

The docket/reference number is 192.0022.
Correspondence Information (proposed):
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hue.morrison@kelly-ip.com

The docket/reference number is 192.0022.

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_742208179-171209971_._ 192_0022_Verified_Stateme nt.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: John McGovern
Signatory's Position: Chief Financial Officer

Response Signature
Signature: /david m. kelly/     Date: 11/03/2020
Signatory's Name: David M. Kelly
Signatory's Position: Attorney of Record, DC Bar

Signatory's Phone Number: 202-808-3570

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:    David M. Kelly
   KELLY IP, LLP
   
   1300 19TH STREET, N.W., SUITE 300
   WASHINGTON, District of Columbia 20036
Mailing Address:    David M. Kelly
   KELLY IP, LLP
   1300 19TH STREET, N.W., SUITE 300
   WASHINGTON, District of Columbia 20036
        
Serial Number: 88808718
Internet Transmission Date: Tue Nov 03 12:48:24 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20201103124824220
451-88808718-750d8d8bb8f4bfe63a456d4696b
3adeecd51566568a71c80e755db9e12f13c4dcf-
N/A-N/A-20201029171209971727