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. 88905799 ELECTRONIC CAREGIVER(Standard Characters, see http://uspto.report/TM/88905799/mark.png) has been amended as follows:

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

In the Office Action mailed August 3, 2020, the Examining Attorney (1) refused registration for the services in Class 44 under Section 2(e)(1); (2) required a disclaimer of the wording ELECTRONIC in the mark in relation to Classes 9 and 42; and (3) required amendments to the identification of goods and recitation of services.

Class 44 Refusal

Applicant’s services include telehealth and telemedicine services, as well as monitoring services. The Examining Attorney argues that:

Applicant’s services are being provided, in part, electronically – applicant’s services list telehealth and telemedicine, remote monitoring, and note that their medical assistance (ie, caregiving) services are electronic services provided via telecommunication and global computer networks.

Applicant is therefore functioning and offering services to consumers as an electronic caregiver – a medical professional offering their services electronically.

Upon further review, however, it is evident that Applicant’s mark is more than the sum of its parts. The phrase ELECTRONIC CAREGIVER is a peculiar way to refer to Applicant’s services in Class 44 and should not be deemed to merely describe those services.

To establish that a mark is merely descriptive, the Examining Attorney must show that relevant consumers would directly and immediately perceive Applicant’s mark as describing a significant feature, function, or characteristic of the applied-for goods. The Trademark Manual of Examining Procedures provides that “a designation does not have to be devoid of all meaning in relation to the goods and services to be registrable.” On the contrary, when relevant consumers must use “imagination, thought or perception to reach a conclusion as to the nature of those goods or services” a mark is suggestive, and therefore registrable. A mark is considered merely descriptive only if it “immediately tells something about the goods or services.” TMEP §1209.01(a) (emphasis added).

It is true that consumers use technology to access telehealth and telemedicine services. However, unlike the terms relevant consumers would associate with the services, such as “telephone,” “computer,” “tablet,” and “video,” the word “electronic” is a vague and technical term that consumers would have no reason to use to describe the manner in which they consume the services. For example, they would not be instructed to make an electronic connection when placing a phone call or turning on their camera. The term “electronic” is at least one step removed in the mind of the consumer from the experience of service users focused on a health-related consultation.

Furthermore, Applicant’s telehealth and telemedicine services facilitate consultation by a consumer, typically from home, with a doctor, nurse, or pharmacist in a remote location, regarding intimate health and medical issues. While a consumer engages with the service using technology, that does not convert the doctor, nurse, or pharmacist into an “electronic” device. A telehealth visit, whether bringing people together by telephone or by video connection, is a real-time consultation between living humans on both ends of the line.

Therefore, the phrase ELECTRONIC CAREGIVER makes a poor shorthand for “a caregiver you can contact and communicate with using electronic technologies.” At most its meaning is indirect, requiring multiple mental steps to parse, and it may properly be considered incongruous. In both cases, it would be deemed a suggestive mark under Trademark Trial and Appeal Board precedent.

“Incongruity is a strong indication that a mark is suggestive rather than merely descriptive. ... The Board has described incongruity in a mark as ‘one of the accepted guideposts in the evolved set of legal principles for discriminating the suggestive from the descriptive mark,’ and has noted that the concept of mere descriptiveness ‘should not penalize coinage of hitherto unused and somewhat incongruous word combinations whose import would not be grasped without some measure of imagination and ‘mental pause.’’” TMEP § 1209.01(a) (citing In re Shutts, 217 USPQ 363, 364–5 (TTAB 1983) (SNO-RAKE held not merely descriptive of a snow-removal hand tool); In re Vienna Sausage Mfg. Co., 156 USPQ 155, 156 (TTAB 1967) (FRANKWURST held not merely descriptive for wieners, the Board finding that although "frank" may be synonymous with "wiener," and "wurst" is synonymous with "sausage," the combination of the terms is incongruous and results in a mark that is no more than suggestive of the nature of the goods); In re John H. Breck, Inc., 150 USPQ 397, 398 (TTAB 1966) (TINT TONE held suggestive for hair coloring, the Board finding that the words overlap in significance and their combination is somewhat incongruous or redundant and does not immediately convey the nature of the product)).

For these reasons, Applicant urges the Examining Attorney to withdraw the refusal of registration.

Disclaimer Requirement for Classes 9 and 42

With no effect on its rights in the mark as a whole, Applicant has entered the required disclaimer of ELECTRONIC.

Goods and Services

Applicant has inserted parentheticals to indicate the goods and services filed on a Section 1(a) basis and on a Section 1(b) basis in all three classes. As marked, the goods and services should perfectly conform to the division in the original filing.

Applicant has reviewed the requirement to add clarifying details to the goods and services but notes that the application was filed with the identical specification as its co-pending Application Serial No. 88587191, which received its Notice of Publication on May 13, 2020, one week after the filing of this application. Accordingly, Applicant requests that the Examining Attorney reconsider the amendment requirements and approve the application on the same basis as the co-pending case.

In light of the foregoing, Applicant requests that the application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for 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; 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
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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Recorded computer software for motion assessment of clinical movements; (Based on Use in Commerce) 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; recorded computer software for motion assessment of daily activity; (Based on Intent to Use) 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 preventionClass 009 for (Based on Use in Commerce) 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; (Based on Intent to Use) 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
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.

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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 042 for 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; 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
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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Software as a service (SAAS) services featuring software for motion assessment of daily activity; (Based on Use in Commerce) 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; Software as a service (SAAS) services featuring software for managing and tracking nutritional plans; (Based on Intent to Use) 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 softwareClass 042 for (Based on Use in Commerce) 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; (Based on Intent to Use) 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
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.

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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 044 for 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; Remote monitoring of data indicative of the health or condition of an individual for medical diagnosis and treatment 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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Telehealth and telemedicine services; (Based on Use in Commerce) 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; Remote monitoring of data indicative of the health or condition of an individual for medical diagnosis and treatment purposes; (Based on Intent to Use) Remote monitoring of data indicative of the health or condition of an individual for medical diagnosis and treatment purposesClass 044 for (Based on Use in Commerce) 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; (Based on Intent to Use) Remote monitoring of data indicative of the health or condition of an individual for medical diagnosis and treatment purposes
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.

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 05/01/2016 and first used in commerce at least as early as 01/07/2019 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


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


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4235341.

Correspondence Information (current):
      JESSICA E. GALAIF
      PRIMARY EMAIL FOR CORRESPONDENCE: jgalaif@carrferrell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptomail@carrferrell.com

The docket/reference number is T-4284/2 US.
Correspondence Information (proposed):
      Jessica E. Galaif
      PRIMARY EMAIL FOR CORRESPONDENCE: jgalaif@carrferrell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptomail@carrferrell.com; jscher2000@outlook.com

The docket/reference number is T-4284/2 US.

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
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /JeffersonScher/     Date: 02/03/2021
Signatory's Name: Jefferson F. Scher
Signatory's Position: Attorney of record

Signatory's Phone Number: 6508123400 Signature method: Signed directly within the form

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:    JESSICA E. GALAIF
   CARR & FERRELL LLP
   
   120 CONSTITUTION DRIVE
   MENLO PARK, California 94025
Mailing Address:    Jessica E. Galaif
   CARR & FERRELL LLP
   120 CONSTITUTION DRIVE
   MENLO PARK, California 94025
        
Serial Number: 88905799
Internet Transmission Date: Wed Feb 03 20:24:01 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2021020320240105
1698-88905799-760beb9724093488cd6927cc1b
5f9d3ff41d54c3a71df93aadd03b44285e9d68-N
/A-N/A-20210203200500761827