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. 88932711 SARA ALERT SECURE MONITORING AND REPORTING FOR PUBLIC HEALTH (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8893271 1/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Computer programs and applications to allow public health officials to enroll individuals at risk of developing infections, diseases, and illnesses in a monitoring, tracking, and reporting program, and to allow users to enter their symptoms in a database to provide public health officials with real-time information and health-management insights; Computer programs and applications for use in collecting information on, monitoring, researching, tracking, managing, and reporting on public health issues, including persons at risk of contracting an infection, disease, and illness, and the containment or spread of infections, diseases, and illnesses; Computer programs and applications in the field of health monitoring, which allows users to provide symptoms and other health-related data via a website, text message, email, or phone; Providing and maintaining a database of health records to assist in the screening, identification, monitoring, and tracking of persons at risk of a health issue; Computer programs and applications for use by public health officials to monitor and track patients with health issues by geographic location and other criteria; Computer programs and mobile applications for use in the field of health monitoring and public health issues

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 042 ) for Downloadable computer programs and application software to allow public health officials to enroll individuals at risk of developing infections, diseases, and illnesses in a monitoring, tracking, and reporting program, and to allow users to enter their symptoms in a database to provide public health officials with real-time information and health-management insights; downloadable computer programs and application software for use in collecting information on, monitoring, researching, tracking, managing, and reporting on public health issues, including persons at risk of contracting an infection, disease, and illness, and the containment or spread of infections, diseases, and illnesses; downloadable computer programs and application software in the field of health monitoring, which allows users to provide symptoms and other health-related data via a website, text message, email, or phone; downloadable computer programs and application software for use by public health officials to monitor and track patients with health issues by geographic location and other criteria; downloadable computer programs and mobile application software for use in the field of health monitoring and public health issues;
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing temporary use of on-line non-downloadable computer programs and application software to allow public health officials to enroll individuals at risk of developing infections, diseases, and illnesses in a monitoring, tracking, and reporting program, and to allow users to enter their symptoms in a database to provide public health officials with real-time information and health-management insights; providing temporary use of on-line non-downloadable computer programs and application software for use in collecting information on, monitoring, researching, tracking, managing, and reporting on public health issues, including persons at risk of contracting an infection, disease, and illness, and the containment or spread of infections, diseases, and illnesses; providing temporary use of on-line non-downloadable computer programs and application software in the field of health monitoring, which allows users to provide symptoms and other health-related data via a website, text message, email, or phone; providing temporary use of on-line non-downloadable computer programs and application software for use by public health officials to monitor and track patients with health issues by geographic location and other criteria; providing temporary use of on-line non-downloadable computer programs and mobile application software for use in the field of health monitoring and public health issues;
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ALERT and SECURE MONITORING AND REPORTING FOR PUBLIC HEALTH apart from the mark as shown.


Description of mark
The mark consists of the wording "SARA ALERT" placed above the wording "SECURE MONITORING AND REPORTING FOR PUBLIC HEALTH", with a trefoil design to the left of the words and three arcing bands to the right of the letter "T" in "ALERT".
Correspondence Information (current):
      TRACY-GENE G. DURKIN
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tdurkin@sternekessler.com; jshirk@sternekessler.com; tfrancis@sternekessler.com

The docket/reference number is 2272.3500000.
Correspondence Information (proposed):
      Tracy-Gene G. Durkin
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tdurkin@sternekessler.com; jshirk@sternekessler.com; amartins@sternekessler.com

The docket/reference number is 2272.3500000.

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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

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: /Tracy Durkin/      Date: 03/08/2021
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorner of Record, Washington, DC Bar Member
Signatory's Phone Number: 202-371-2600

Signature method: Sent to third party for signature

Response Signature
Signature: /Tracy Durkin/     Date: 03/08/2021
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record, Washington, DC Bar Member

Signatory's Phone Number: 202-371-2600 Signature method: Sent to third party for signature

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:    TRACY-GENE G. DURKIN
   STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
   
   1100 NEW YORK AVENUE, NW
   WASHINGTON, District of Columbia 20005
Mailing Address:    Tracy-Gene G. Durkin
   STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
   1100 NEW YORK AVENUE, NW
   WASHINGTON, District of Columbia 20005
        
PAYMENT: 88932711
PAYMENT DATE: 03/08/2021
        
Serial Number: 88932711
Internet Transmission Date: Mon Mar 08 17:30:47 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20210308173047
156622-88932711-770792a63ebe9f57e1f637bf
899c89a84e7cacd1deff8dfc45fb1ab21b708835
70-CC-30442356-20210308095934243931