Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88900761 IHEALTH(Standard Characters, see http://uspto.report/TM/88900761/mark.png) has been amended as follows:

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

The Applicant believes that its trademark didn't refers to the features, characteristics, or field of use of the goods. It is truly distinctive and serves as a valuable source identifier for its goods.

EVIDENCE
Evidence has been attached: search "IHEALTH" on http://global.bing.com , it turns out that " iHealth Labs inc." and "iHealth relatived products" is the only result.
Original PDF file:
evi_6029100115-2021012203 3115677599_._attachment1- bing.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 010 for Apparatus for acupressure therapy; Apparatus for blood analysis; Blood glucose meter; Blood oxygen monitors; Blood pressure measuring apparatus; Blood pressure and diabetic diagnostic medical devices; Blood testing apparatus; Devices for monitoring blood glucose for medical purposes; EKG machines; Fetal pulse monitors; Gloves for use in hospitals; Health monitors comprising sensor that monitor the health of the elderly or disabled in their own homes; Heart rate monitors for sports activities; Masks for use by medical personnel; Massage apparatus; Medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood pressure measuring apparatus; Occlusive suits for medical purposes; Physical exercise apparatus, for medical purposes; Sphygmomanometers; Thermometers for medical use; Aerosol masks for medical use; Apparatus for artificial respiration; Devices for measuring blood sugar; Face masks for use by health care providers; Fever thermometers; Infrared thermometers for medical purposes; Medical gloves; Medical gowns; Medical devices, namely, pulse oximeters; Nebulizers for respiration therapy; Oxygen masks for medical use; Protective gloves for medical use; Sanitary masks for dust isolation for medical purposes; Sanitary masks for fungus isolation purposes; Sanitary masks for medical wellness purposes; Sanitary masks for virus isolation purposes
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 01/04/2011 and first used in commerce at least as early as 01/04/2011 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Apparatus for acupressure therapy; Apparatus for blood analysis; Blood glucose meter; Blood oxygen monitors; Blood pressure measuring apparatus; Blood pressure and diabetic diagnostic medical devices; Blood testing apparatus; Devices for monitoring blood glucose for medical purposes; Health monitors comprising sensor that monitor the health of the elderly or disabled in their own homes; EKG machines; Heart rate monitors for sports activities; Fetal pulse monitors; Masks for use by medical personnel; Gloves for use in hospitals; Medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood pressure measuring apparatus; Sphygmomanometers; Thermometers for medical use; Massage apparatus; Aerosol masks for medical use; Devices for measuring blood sugar; Face masks for use by health care providers; Occlusive suits for medical purposes; Fever thermometers; Physical exercise apparatus, for medical purposes; Infrared thermometers for medical purposes; Medical devices, namely, pulse oximeters; Oxygen masks for medical use; Sanitary masks for dust isolation for medical purposes; Apparatus for artificial respiration; Sanitary masks for fungus isolation purposes; Sanitary masks for medical wellness purposes; Sanitary masks for virus isolation purposes; Medical gloves; Medical gowns; Nebulizers for respiration therapy; Protective gloves for medical useClass 010 for Apparatus for blood analysis; Blood glucose meter; Blood oxygen monitors; Blood pressure measuring apparatus; Blood pressure and diabetic diagnostic medical devices; Blood testing apparatus; Devices for monitoring blood glucose for medical purposes; Health monitors comprising sensor that monitor the health of the elderly or disabled in their own homes; Heart rate monitors for sports activities; Masks for use by medical personnel; Medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood pressure measuring apparatus; Sphygmomanometers; Thermometers for medical use; Aerosol masks for medical use; Devices for measuring blood sugar; Face masks for use by health care providers; Fever thermometers; Infrared thermometers for medical purposes; Medical devices, namely, pulse oximeters; Oxygen masks for medical use; Sanitary masks for dust isolation for medical purposes; Sanitary masks for fungus isolation purposes; Sanitary masks for medical wellness purposes; Sanitary masks for virus isolation purposes
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 01/04/2011 and first used in commerce at least as early as 01/04/2011 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: iHealth Labs Inc., a corporation of California, having an address of
      120 SAN LUCAR COURT
      Sunnyvale, California 94086
      United States
      Email Address: XXXX

Proposed: iHealth Labs, Inc., a corporation of California, having an address of
      120 San Lucar Court
      Sunnyvale, California 94086
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.

Original PDF file:
e2f-6029100115-210027879_ ._Declaration_of_claim_di stinctiveness_signed_002.pdf
Converted PDF file(s) ( 2 pages) 2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_A.pdf
Converted PDF file(s) ( 9 pages) 2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f) evidence-52(f) evidence-62(f) evidence-72(f) evidence-82(f) evidence-9
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_B-iHealth_media _report_breif-1.pdf
Converted PDF file(s) ( 34 pages) 2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f) evidence-52(f) evidence-62(f) evidence-72(f) evidence-82(f) evidence-92(f) evidence-102(f) evidence-112(f) evidence-122(f) evidence-132(f) evidence-142(f) evidence-152(f) evidence-162(f) evidence-172(f) evidence-182(f) evidence-192(f) evidence-202(f) evidence-212(f) evidence-222(f) evidence-232(f) evidence-242(f) evidence-252(f) evidence-262(f) evidence-272(f) evidence-282(f) evidence-292(f) evidence-302(f) evidence-312(f) evidence-322(f) evidence-332(f) evidence-34
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_C-iHealth_media _report_breif-2.pdf
Converted PDF file(s) ( 12 pages) 2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f) evidence-52(f) evidence-62(f) evidence-72(f) evidence-82(f) evidence-92(f) evidence-102(f) evidence-112(f) evidence-12
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_D-google_Adswor ds.pdf
Converted PDF file(s) ( 16 pages) 2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f) evidence-52(f) evidence-62(f) evidence-72(f) evidence-82(f) evidence-92(f) evidence-102(f) evidence-112(f) evidence-122(f) evidence-132(f) evidence-142(f) evidence-152(f) evidence-16
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_E-_Amazon_Adver tising_-_advertising.amaz on.com.pdf
Converted PDF file(s) ( 1 page) 2(f) evidence-1
Original PDF file:
e2f-6029100115-210027879_ ._Exhibit_F-_amazon_custo mer_reviews.pdf
Converted PDF file(s) ( 39 pages) 2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f) evidence-52(f) evidence-62(f) evidence-72(f) evidence-82(f) evidence-92(f) evidence-102(f) evidence-112(f) evidence-122(f) evidence-132(f) evidence-142(f) evidence-152(f) evidence-162(f) evidence-172(f) evidence-182(f) evidence-192(f) evidence-202(f) evidence-212(f) evidence-222(f) evidence-232(f) evidence-242(f) evidence-252(f) evidence-262(f) evidence-272(f) evidence-282(f) evidence-292(f) evidence-302(f) evidence-312(f) evidence-322(f) evidence-332(f) evidence-342(f) evidence-352(f) evidence-362(f) evidence-372(f) evidence-382(f) evidence-39

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      IHEALTH LABS INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: gaotian@jiuan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): leann_12929@163.com
Correspondence Information (proposed):
      iHealth Labs, Inc.
      PRIMARY EMAIL FOR CORRESPONDENCE: leann_12929@163.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gaotian@jiuan.com

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

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: /Yi Liu/      Date: 01/24/2021
Signatory's Name: Yi Liu
Signatory's Position: President
Signature method: Signed directly within the form

Response Signature
Signature: /Yi Liu/     Date: 01/24/2021
Signatory's Name: Yi Liu
Signatory's Position: President
Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    IHEALTH LABS INC.
   IHEALTH LABS INC.
   
   120 SAN LUCAR COURT
   SUNNYVALE, California 94086
Mailing Address:    iHealth Labs, Inc.
   120 San Lucar Court
   Sunnyvale, California 94086
        
Serial Number: 88900761
Internet Transmission Date: Sun Jan 24 21:33:10 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021012421331078
5774-88900761-76071b4c87c563799d6ec0b8e3
d7dd1cfc7ae102fc9e5c5c1c99fb3ae3feb9c-N/
A-N/A-20210124210027879221