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. 88960496 KINWELL(Standard Characters, see http://uspto.report/TM/88960496/mark.png) has been amended as follows:

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

In response to the Office Action dated February 24, 2021, the identification of goods in Class 9 is being amended herewith. If the Examining Attorney has any questions, he is invited to contact applicant's attorney at the number below or jerry.nagae@cojk.com.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Text and voice enabled software that enable users to request and obtain information in the medical, health, hospital, dental, prescription drug, pharmaceutical, wellness, fitness, exercise, diet, nutrition, health insurance, health care plan and health saving account areas; Text and voice enabled software that enables users to access, manage and process health, medical, hospital, pharmaceutical and prescription drug insurance applications, records, claims, benefits, accounts; Computer application software for mobile phones, tablet computers and computers, namely, software for healthcare resource information regarding health insurance, health plan insurance coverage information, information on insurance claims administration and processing, healthcare information, information regarding health treatment options, information regarding health facilities and health-related questions and answers
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.


Proposed:

Tracked Text Description: Text and voice enabled software that enable users to request and obtain information in the medical, health, hospital, dental, prescription drug, pharmaceutical, wellness, fitness, exercise, diet, nutrition, health insurance, health care plan and health saving account areas; Text and voice enabled downloadable software that enable users to request and obtain information in the medical, health, hospital, dental, prescription drug, pharmaceutical, wellness, fitness, exercise, diet, nutrition, health insurance, health care plan and health saving account areas; Text and voice enabled software that enables users to access, manage and process health, medical, hospital, pharmaceutical and prescription drug insurance applications, records, claims, benefits, accounts; Text and voice enabled downloadable software that enables users to access, manage and process health, medical, hospital, pharmaceutical and prescription drug insurance applications, records, claims, benefits, accounts; Computer application software for mobile phones, tablet computers and computers, namely, software for healthcare resource information regarding health insurance, health plan insurance coverage information, information on insurance claims administration and processing, healthcare information, information regarding health treatment options, information regarding health facilities and health-related questions and answers; Computer application downloadable software for mobile phones, tablet computers and computes, namely, downloadable software for healthcare resource information regarding health insurance, health plan insurance coverage information, information on insurance claims administration and processing, healthcare information, information regarding health treatment options, information regarding health facilities and health-related questions and answersClass 009 for Text and voice enabled downloadable software that enable users to request and obtain information in the medical, health, hospital, dental, prescription drug, pharmaceutical, wellness, fitness, exercise, diet, nutrition, health insurance, health care plan and health saving account areas; Text and voice enabled downloadable software that enables users to access, manage and process health, medical, hospital, pharmaceutical and prescription drug insurance applications, records, claims, benefits, accounts; Computer application downloadable software for mobile phones, tablet computers and computes, namely, downloadable software for healthcare resource information regarding health insurance, health plan insurance coverage information, information on insurance claims administration and processing, healthcare information, information regarding health treatment options, information regarding health facilities and health-related questions and answers
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

Correspondence Information (current):
      Jerald E. Nagae, Reg. No. 29,418
      PRIMARY EMAIL FOR CORRESPONDENCE: Efiling@cojk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1296-T18US.
Correspondence Information (proposed):
      Jerald E. Nagae, Reg. No. 29,418
      PRIMARY EMAIL FOR CORRESPONDENCE: Efiling@cojk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1296-T18US.

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)
Response Signature
Signature: /Jerald E. Nagae, Reg. No. 29,418/     Date: 03/17/2021
Signatory's Name: Jerald E. Nagae, Reg. No. 29,418
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: 206-682-8100 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:    Jerald E. Nagae, Reg. No. 29,418
   Christensen O'Connor Johnson Kindness
   
   1201 Third Avenue, Suite 3600
   Seattle, Washington 98101
Mailing Address:    Jerald E. Nagae, Reg. No. 29,418
   Christensen O'Connor Johnson Kindness
   1201 Third Avenue, Suite 3600
   Seattle, Washington 98101
        
Serial Number: 88960496
Internet Transmission Date: Wed Mar 17 14:22:45 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021031714224515
0714-88960496-7701a2b6a6d841fdbabde7aeb9
d5caeb8242354a336e7f8111933674cd4961-N/A
-N/A-20210317134103571691