Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 90080155

Filing Date: 07/29/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) teal and blue is/are claimed as a feature of the mark. The mark consists of a stylized human in the colors teal and blue.
The applicant, Accuhealth Technologies Incorporated, a corporation of Georgia, having an address of
      5550 Claire Rose Lane
      Atlanta, Georgia 30327
      United States
      XXXX

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

International Class 009:  Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for tracking and maintenance of health and treatment plans; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for providing health, wellness, healthcare, and medical information; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for providing access to healthcare and health coaching services; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for facilitating collaborative medical treatment between medical facilities, clinicians, caregivers, health coaches and patients; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for communication of medical data between medical facilities, clinicians, caregivers, health coaches and patients; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for facilitating communication between medical facilities, clinicians, caregivers, health coaches, and patients; Downloadable computer application software for smartphones, mobile devices and web applications, namely, software for recording medical data; Downloadable software for enabling users to receive personalized recommendations in the medical, healthcare, and wellness fields; Downloadable software for use by patients, their families, and health care professionals enabling users to provide and receive patient care, patient coaching, and healthcare information; Downloadable software for consumer engagement and behavior change modeling to enable users to improve their health and wellness; Downloadable software for tracking, collecting and analyzing health data for use in conducting health risk assessments, recommending preventative health measures, condition management, and tracking behavior modification; Downloadable software for users to input, track and assess their habits in the areas of health and disease management

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/09/2013, and first used in commerce at least as early as 03/09/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) three specimens for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshots of the software login page and software depicting the mark.
Specimen File1
Specimen File2
Specimen File3

International Class 044:  Health care services for treating chronic disease; Health care services, namely, services to enable effective management of one or more chronic conditions; Health care services, namely, wellness and prevention programs, healthcare management programs, disease management programs and medical condition management programs; Health counseling; Providing health information; Providing a website featuring information in the field of personalized health; Providing information in the fields of health and wellness; Wellness and health-related consulting services

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/09/2013, and first used in commerce at least as early as 03/09/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) one specimen for the class showing the mark as used in commerce on the goods in the class, consisting of screenshots of Applicant's website taken on July 13, 2020.

Original PDF file:
SPE0-19912791-20200727235 415603727_._re__Class_44_ Specimen_-_Web_Pages_Capt ured_on_July_13__2020_.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5




The owner's/holder's proposed attorney information: Matthew Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq.. Matthew Hintz, Esq. of Lowenstein Sandler LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
      973-597-2500(phone)
      973-597-2400(fax)
      lstrademark@lowenstein.com
The docket/reference number is 38775.6.
Matthew Hintz, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Matthew Hintz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Matthew Hintz/   Date: 07/29/2020
Signatory's Name: Matthew Hintz, Esq.
Signatory's Position: Attorney of record, NJ bar member
Payment Sale Number: 90080155
Payment Accounting Date: 07/29/2020

Serial Number: 90080155
Internet Transmission Date: Wed Jul 29 10:44:20 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-202007291044209554
40-90080155-740e383a2598c54214e5923c01e4
49f0d6483a67d2bacd417ac10b2ef7ba52e-DA-4
4201278-20200728221205741908