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. 90022189 SYMPHONY(Standard Characters, see http://uspto.report/TM/90022189/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 October 6, 2020, regarding the below issues:

1. Prior Filed Applications; and

2. Identification Amendments

   Applicant responds as follows.

Identification Amendments

Applicant requests that the following identification amendments be entered into the record:

Class 9: Electronic personal emergency response system consisting of an electronic device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic devices comprised of sensors and pendants for determining status of individuals, particularly seniors, and sending electronic alerts to caregivers; Wearable activity trackers; Downloadable mobile applications for gathering individual biometric data, health data, and environmental data from personal emergency response systems, medical and health monitors, sensors, pendants, or wearable activity trackers; Electronic personal emergency response system consisting of downloadable and recorded software, downloadable mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environment

Class 10: Medical and health monitors and sensors, namely, blood pressure monitors, heart rate monitors, cardiac output monitors, blood sugar monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors to detect falls, motion, air quality and temperature changes for medical purposes; Health monitors and sensors that monitor the health of individuals, particularly seniors, in their own homes.

Class 42: Software as a service (SAAS) services featuring software for managing, operating, and controlling personal emergency response systems; Software as a service (SAAS) services featuring software for gathering human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackers

Class 44: Emergency medical assistance; Emergency medical response services; Emergency medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities; Medical diagnostic testing, monitoring and reporting services

Request to Divide:

Applicant notes that with this response, it has also filed a Request to Divide its SYMPHONY application into two separate applications, one including Classes 9, 10, and 42 and the other including only Class 44.

Prior Filed Applications:

The Examining Attorney raises several prior filed applications as potential obstacles to registration, including the following (collectively the “Cited Applications”):

1. SYMPHONY SMART BUTTON (App. No. 88252145) in Class 10;

2. SYMPHONY NETWORK (App. No. 88582523) in Classes 43 and 44; and

3. SYMPHONY CARE NETWORK (App. No. 88758555) in Classes 43 and 44.

For a finding of likelihood of confusion, the Examining Attorney must consider whether the goods and services of the respective parties are related, and whether the activities surrounding the marketing of the respective goods and services are such that confusion as to source is likely. In re August Storck KG, 218 U.S.P.Q. 823 (T.T.A.B. 1983). With regard to the Cited Applications, Applicant respectfully asserts that a number of contextual factors weigh against a finding of likelihood of confusion. Most importantly, Applicant stresses that: (1) the goods and services in the Cited Applications and Applicant’s application, as amended by this response, are different; and (2) the coexistence of the Cited Applications with other third party registrations, particularly in Class 10 and Class 44 indicate the narrow scope of protection afforded to the Cited Applications. Applicant requests that the Examining Attorney remove the Cited Applications as potential obstacles and approve Applicant’s SYMPHONY application for publication.

SYMPHONY SMART BUTTON (App. No. 88252145) in Class 10:

With regard to the Cited Application for SYMPHONY SMART BUTTON (App. No. 88252145) covering “dose detection modules attachable to insulin pens for transmission of data utilizing wireless technology.” Applicant notes that it has narrowed the language in its application to specifically remove any reference to a device in Class 10 that could be considered a “dose detection module,” such as a “blood sugar monitor.” The identification amendments now made of record are sufficient to distinguish Applicant’s goods from those listed in the SYMPHONY SMART BUTTON application.

This is particularly true in light of the fact that this Cited Application is coexisting on the Principal Register with the below third party trademarks. The Office has, therefore, taken the position that consumers are able to distinguish between third party SYMPHONY marks in Class 10 and, as a result, are not likely to be confused. Standard Brands Inc. v. RJR Foods, Inc., 192 USPQ 383, 385 (TTAB 1976). The Cited Application and third party trademarks listed below cover different types of medical apparatus and devices in Class 10, but have all still been allowed to coexist. This level of coexistence indicates that the Cited Application is entitled to only a narrow scope of protection and should also be allowed to coexist with Applicant's SYMPHONY application, especially considering the identification amendments now made of record.

These third party registrations include the following:

1. SYMPFINY registered for medical apparatus for dosing and dispensing drugs in Class 10 owned by HS Design Inc.;
2. SYMPHONY registered for breast pumps and accessories therefor in Class 10 owned by Medela Holding Ag;
3. SYMPHONY registered for centesis catheters in Class 10 owned by Uresil, LLC.;
4. SYMPHONY registered for medical devices for use in patient immobilization and transfer for diagnostic imaging and radiotherapy treatments; patient stretchers; stretchers for patient transport; hospital gurneys; trolleys for medical equipment; trolleys for patient transport in Class 10 owned by Qfix Systems LLC;
5. SMPHONY allowed for orthopaedic implants consisting of artificial materials, namely, artificial hip implants, hip stems, acetabular cups; surgical instruments for the implantation of artificial hips in class 10 owned by Smith & Nephew, Inc.;
6. SYMPHONY registered for surgical implants comprising artificial material solely for use in spinal surgeries and surgical instruments solely for use in spinal surgeries in Class 10 owned by DePuy Synthes, Inc.;
7. MAGNETOM SYMPHONY registered for medical and electromedical apparatus and devices and parts thereof; in particular apparatus and devices for tomography in Class 10 owned by Siemens Healthcare; and
8. SYMPHONYSUITE published for medical, surgical and healthcare apparatus and instruments, namely, medical imaging apparatus and instruments in Class 10 owned by Koninklijke Philips N.V.

Copies of the TESS database printouts for the above registrations are attached as Exhibit A.

By way of example, Applicant notes that the above referenced SYMPFINY registration has been allowed to coexist with the Cited Application for SYMPHONY SMART BUTTON. The SYMPFINY/SYMPHONY element of both marks is phonetically the same and both marks cover “dosing” related apparatus for drugs and insulin in Class 10. The goods covered by the SYMPFINY registration and the SYMPHONY SMART BUTTON application directly overlap and are far more similar than Applicant’s now amended goods are to the “dose detection modules” covered by the cited SYMPHONY SMART BUTTON application.

To maintain consistency in the Office’s prior examination of such marks, this Cited Application should be afforded only a narrow scope of protection, allowing Applicant’s SYMPHONY application to coexist and register within this crowded field in Class 10.

SYMPHONY NETWORK and SYMPHONY CARE NETWORK (App. Nos. 88582523 and 88758555) in Classes 43 and 44:

With regard the cited SYMPHONY NETWORK and SYMPHONY CARE NETWORK & Design applications (App. Nos. 88582523 and 88758555) covering assisted living facilities in Class 43 and geriatric and home healthcare services in Class 44, Applicant notes that it has specifically deleted “emergency medical assistance; emergency medical response services” and “medical diagnostic testing, monitoring and reporting services” from its identification.

This specifically limits Applicant’s remaining services in Class 44 to medical assistance services provided specifically in connection with Applicant’s personal emergency response and health monitoring devices. These services do not overlap with the services listed in these Cited Applications. The owner of the Cited Applications, Maestro Consulting Services LLC, provides retirement, assisted living, and independent living facilities. These services are quite different from the personal emergency response and health monitoring devices provided by Applicant and the associated medical assistance services that it offers. To provide further context, more information regarding the monitoring and alert system that Applicant provides is attached at Exhibit B.

Applicant notes that these Cited Applications also coexist on the Principal Register with the below third party trademarks, indicating that consumers are able to distinguish between third party SYMPHONY marks in Class 44 and, as a result, are not likely to be confused. These third party registrations include the following:

1. MARY B’S SYMPHONY registered for providing long-term care facilities in Class 44 owned by Bickford Senior Living Group, LLC;
2. SYMPHONY OF LIFE registered for providing assisted living facilities; providing independent living facilities; supplying meals to senior adults and the elderly in Class 43 and support services for senior adults and the elderly, namely, providing wellness and cognitive therapy programs for senior citizens in Class 44 owned by 12 Oaks Management Services, Inc.;
3. SYMPHONY CLINICAL RESEARCH registered for medical evaluation services, namely, assist in functional assessment programs, by collecting and gathering results, data and biological samples for individuals participating in clinical trials for drugs and medical devices; nursing services, phlebotomy services, and testing of blood, fitness and urine of individuals participating in clinical trials, offered in individual participant's home, doctor's offices and alternative site venues in Class 44 owned by Clinical Resource Network, LLC.
4. SYMPHONY registered for health care in the nature of health maintenance organizations in Class 44 by Medica Health Plans & Medica Insurance Co.;
5. THE SYMPHONY OF HOPE registered for providing healthcare information in Class 44 owned by North Brevard County Hospital District; and
6. SINFONÍA HEALTHCARE CORP, SINFONÍA HEALTHCARE CORP & Design, SINFONÍA FAMILY SERVICES, and SINFONÍA FAMILY SERVICES & Design (SINFONÍA" in each mark translates to "SYMPHONY") registered for home-based medical services; general healthcare services; hospice care; medical equipment placement, namely, leasing of medical equipment; provision of pharmacology information; stress reduction therapy, vitamin therapy, speech therapy, nutritional therapy, cognitive therapy, occupational therapy and physical therapy; provision of behavioral health services to individual patients, all in Class 44 owned by Tabula Rasa Healthcare Group Inc.

Copies of the TESS database printouts for the above registrations are attached as Exhibit C.

The healthcare, long-term care, and medical support services listed in the above third party registrations all fall within the scope of the healthcare services listed in the Cited Applications. However, even in light of this, the Trademark Office has still allowed the above third party registrations, which all incorporate the SYMPHONY (or a foreign/translated equivalent) element, to coexist on the Register in Class 44 with the Cited Applications. This is a strong indication by the Office that it does not view consumer confusion to be likely.

This level of coexistence indicates tolerance for Applicant to also coexist in this crowded field with its SYMPHONY application, particularly as Applicant’s identification has been amended by this response. To maintain consistency in the Office’s prior examination of such SYMPHONY marks in Class 44, Applicant requests that the Office approve Applicant’s SYMPHONY application for publication.

Conclusion

In light of the above arguments and identification amendments now made of record, Applicant respectfully requests that the Examining Attorney reconsider and withdraw the prior pending applications as potential obstacles and approve Applicant’s mark for publication on the Principal Register.

EVIDENCE
Evidence has been attached: Applicant's Exhibit A, B, and C
Original PDF file:
evi_747853135-20210317114 246395888_._SYMPHONY_-_Ex hibit_A.pdf
Converted PDF file(s) ( 13 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13
Original PDF file:
evi_747853135-20210317114 246395888_._SYMPHONY_-_Ex hibit_B.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_747853135-20210317114 246395888_._SYMPHONY_-_Ex hibit_C.pdf
Converted PDF file(s) ( 18 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Electronic personal emergency response system consisting of a device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic devices comprised of sensors and pendants for determining status of individuals, particularly seniors, and sending electronic alerts to caregivers; Wearable activity trackers; Downloadable mobile applications for gathering individual biometric data, health data, and environmental data from personal emergency response systems, medical and health monitors, sensors, pendants, or wearable activity trackers; Electronic personal emergency response system consisting of software, mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environment
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: Electronic personal emergency response system consisting of a device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic personal emergency response system consisting of an electronic device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic devices comprised of sensors and pendants for determining status of individuals, particularly seniors, and sending electronic alerts to caregivers; Wearable activity trackers; Downloadable mobile applications for gathering individual biometric data, health data, and environmental data from personal emergency response systems, medical and health monitors, sensors, pendants, or wearable activity trackers; Electronic personal emergency response system consisting of software, mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environment; Electronic personal emergency response system consisting of downloadable and recorded software, downlodable mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environmentClass 009 for Electronic personal emergency response system consisting of an electronic device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic devices comprised of sensors and pendants for determining status of individuals, particularly seniors, and sending electronic alerts to caregivers; Wearable activity trackers; Downloadable mobile applications for gathering individual biometric data, health data, and environmental data from personal emergency response systems, medical and health monitors, sensors, pendants, or wearable activity trackers; Electronic personal emergency response system consisting of downloadable and recorded software, downlodable mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environment
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 proposes to amend the following:

Current:
Class 010 for Medical and health monitors and sensors, including blood pressure monitors, heart rate monitors, cardiac output monitors, blood sugar monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors to detect falls, motion, air quality and temperature changes; Health monitors and sensors that monitor the health of individuals, particularly seniors, in their own homes
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: Medical and health monitors and sensors, including blood pressure monitors, heart rate monitors, cardiac output monitors, blood sugar monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors and sensors, namely, blood pressure monitors, heart rate monitors, cardiac output monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors to detect falls, motion, air quality and temperature changes; Medical and health monitors to detect falls, motion, air quality and temperature changes for medical purposes; Health monitors and sensors that monitor the health of individuals, particularly seniors, in their own homesClass 010 for Medical and health monitors and sensors, namely, blood pressure monitors, heart rate monitors, cardiac output monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors to detect falls, motion, air quality and temperature changes for medical purposes; Health monitors and sensors that monitor the health of individuals, particularly seniors, in their own homes
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 proposes to amend the following:

Current:
Class 042 for Software as a service and software subscription services for personal emergency response systems; Software as a services and software subscription services for applications used to gather human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackers
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: Software as a service and software subscription services for personal emergency response systems; Software as a service (SAAS) services featuring software for managing, operating, and controlling personal emergency response systems; Software as a services and software subscription services for applications used to gather human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackers; Software as a service (SAAS) services featuring software for gathering human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackersClass 042 for Software as a service (SAAS) services featuring software for managing, operating, and controlling personal emergency response systems; Software as a service (SAAS) services featuring software for gathering human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackers
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 proposes to amend the following:

Current:
Class 044 for Emergency medical assistance; Emergency medical response services; Medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities; Medical diagnostic testing, monitoring and reporting services
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: Emergency medical assistance; Emergency medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities; Emergency medical response services; Medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities; Medical diagnostic testing, monitoring and reporting servicesClass 044 for Emergency medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities
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):
      Kelly Donahue
      PRIMARY EMAIL FOR CORRESPONDENCE: kdonahue@verrill-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): IPLegal@CVSCaremark.com
Correspondence Information (proposed):
      Kelly Donahue
      PRIMARY EMAIL FOR CORRESPONDENCE: kdonahue@verrill-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): IPLegal@CVSCaremark.com; trademarks@verrill-law.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)
Response Signature
Signature: /KAD/     Date: 03/17/2021
Signatory's Name: Kelly A. Donahue
Signatory's Position: Attorney of Record, Maine Bar Member
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:    Kelly Donahue
   
   
   One Portland Square
   Portland, Maine 04101
Mailing Address:    Kelly Donahue
   One Portland Square
   Portland, Maine 04101
        
Serial Number: 90022189
Internet Transmission Date: Wed Mar 17 11:55:28 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20210317115528634
047-90022189-770ee96b9fddd2661306c113da0
fdc24a7b32369b94617f00e9293b1a6346a6f3-N
/A-N/A-20210317114246395888