Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88905799

Filing Date: 05/07/020

To the Commissioner for Trademarks:

MARK: ELECTRONIC CAREGIVER (Standard Characters, see mark)
The literal element of the mark consists of ELECTRONIC CAREGIVER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ELECTRONIC CAREGIVER, INC., a corporation of Nevada, having an address of
      506 S. MAIN STREET, SUITE 1000
      LAS CRUCES, New Mexico 88001
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  Recorded computer software for motion assessment of clinical movements; recorded computer software for tracking, analyzing and assessing clinical movements; recorded computer software for use in notifying users based on performance; recorded computer software for identification of and intervention with at-risk individuals in the field of health and wellness; recorded computer software for use in identifying health stability, improvement or decline; recorded computer software featuring predictive analytical software with the capacity to identify decline; recorded computer software for monitoring gait and fall risk; recorded computer software featuring predictive analytical software to quantify increases in user's fall risk associated with walking patterns; tablet computers; computers;

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/01/2016, and first used in commerce at least as early as 01/07/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photograph of device uploaded with Applicant's custom configured software, and photograph of Applicant's product packaging.

Original PDF file:
SPE0-73189169207-20200507010703182476_._ELECTRONIC_CAREGIVER_-_Specimen_of_Use_Class_9.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 009:  recorded computer software for motion assessment of daily activity; recorded computer software for tracking, analyzing and assessing daily activity; recorded computer software for monitoring, collecting and assessing vitals; recorded computer software for processing and analyzing biological and physiological signals for indication of user condition, functional capacity, including changes in such parameters of health stability, improvement, or decline; recorded computer software for setting and monitoring progress toward meeting individual goals in the management of physical function maintenance; recorded computer software featuring predictive analytical software to notify users of impeding adverse events; recorded computer software for emergency monitoring; recorded computer software for electronic storage of medical and person contact information for use in the event of a medical emergency; interactive recorded computer software for assistance in the field of health care and disease prevention; recorded computer software for allowing users to access physicians, health care professionals, and healthcare services provides via video for the purposes of obtaining medical and health care advice; recorded computer software for collecting and transmitting patient information in the field of health care and disease prevention
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Software as a service (SAAS) services featuring software for motion assessment of daily activity; software as a service (SAAS) services featuring software for tracking, analyzing and assessing daily activity; software as a service (SAAS) services featuring software for tracking medication compliance; software as a service (SAAS) services featuring software for use in notifying users based on performance; software as a service (SAAS) services featuring software for monitoring, collecting and assessing vitals; software as a service (SAAS) services featuring software to process and analyze biological and physiological signals for indication of user condition, functional capacity, including changes in such parameters of health stability, improvement, or decline; software as a service (SAAS) services featuring software for identification of and intervention with at-risk individuals in the field of health and wellness; software as a service (SAAS) services featuring software for use in identifying health stability, improvement or decline; software as a service (SAAS) services featuring software for the administration of disease specific plans of care; software as a service (SAAS) services featuring software for setting and monitoring progress toward meeting individual goals in the management of physical function maintenance; software as a service (SAAS) services featuring software for use in setting, tracking, and monitoring treatment plans and individual goals to manage and improve personal health and disease status; software as a service (SAAS) services featuring software for creating and sharing personalized plans of care based on users disease profile; software as a service (SAAS) services featuring software for collection, analysis and reporting of personal health and wellness data; Software as a service (SAAS) services featuring an interactive conversational software that enables users to access, enter, track, monitor and generate health and medical information and reports; software as a service (SAAS) services featuring software for emergency monitoring; software as a service (SAAS) services featuring software for electronic storage of medical and person contact information for use in the event of a medical emergency; software as a service (SAAS) services featuring interactive software for assistance in the field of health care and disease prevention; software as a service (SAAS) services featuring software for accessing physicians, medical specialists, nurses, healthcare professionals and healthcare service providers for the purposes of obtaining medical and healthcare services, counseling, advice and pharmaceutical prescriptions; software as a service (SAAS) services featuring software for remote patient monitoring; software as a service (SAAS) services featuring software for remote patient monitoring for collecting and transmitting patient information in the field of health care and disease prevention;

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/01/2016, and first used in commerce at least as early as 01/07/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot from Applicant's software showing the mark used in connection with the services.

Original PDF file:
SPE0-73189169207-20200507010703182476_._ELECTRONIC_CAREGIVER_-_Specimen_of_Use_Class_42.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 042:  Software as a service (SAAS) services featuring software for managing and tracking nutritional plans; software as a service (SAAS) services featuring software for disease profiling, managing and monitoring individual health status; software as a service (SAAS) services featuring predictive analytical software with the capacity to identify disease progression; software as a service (SAAS) services featuring predictive analytical software to notify users of impeding adverse events; software as a service (SAAS) services featuring voice recognition software; software as a service (SAAS) services featuring speech processing software
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 044:  Telehealth and telemedicine services; healthcare services, namely, telehealth and remote patient monitoring; in-home telehealth patient monitoring services; integrated telehealth management; remote patient monitoring services, namely, medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of medical devices with automated alert and monitoring capacity;

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/01/2016, and first used in commerce at least as early as 01/07/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Applicant's brochure and web page print-outs showing the mark used in connection with the services.

Original PDF file:
SPE0-73189169207-20200507010703182476_._ELECTRONIC_CAREGIVER_-_Specimen_Class_44.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

International Class 044:  Remote monitoring of data indicative of the health or condition of an individual for medical diagnosis and treatment purposes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The owner's/holder's proposed attorney information: Jessica E. Galaif. Other appointed attorneys are Jefferson F. Scher, Joi A. White, and all other attorneys of the Firm. Jessica E. Galaif of Carr & Ferrell 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
      120 Constitution Drive
      Menlo Park, California 94025
      United States
      650-812-3400(phone)
      (650) 812-3444(fax)
      jgalaif@carrferrell.com
The docket/reference number is T-4284/2 US.
Jessica E. Galaif 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.

The applicant's current Correspondence Information:

Jessica E. Galaif

PRIMARY EMAIL FOR CORRESPONDENCE: jgalaif@carrferrell.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptomail@carrferrell.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /anthonydohrmann/   Date: 05/07/2020
Signatory's Name: Anthony Dohrmann
Signatory's Position: CEO
Payment Sale Number: 88905799
Payment Accounting Date: 05/07/2020

Serial Number: 88905799
Internet Transmission Date: Thu May 07 18:28:49 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202005071828492
90651-88905799-71021a1ede345b6320927a8c4
18d7892218185736ee4ecaefda4b1a413459d3d3
-CC-28472182-20200507010703182476