Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 97152314

Filing Date: 12/02/2021

To the Commissioner for Trademarks:

MARK: HEALTH OPTIMIZER (Standard Characters, see mark)
The literal element of the mark consists of HEALTH OPTIMIZER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, CVS Pharmacy, Inc., a corporation of Rhode Island, having an address of
      Mailcode: 1160
      One CVS Drive
      Woonsocket, Rhode Island 02895
      United States
      401-770-4897(phone)
      4012163142(fax)
      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 mobile application for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable mobile application for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable mobile application for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Downloadable mobile application for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Providing temporary use of a non-downloadable web application for use in the acquisition, storage, organizing, tracking, sharing, and analysis of medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Providing temporary use of a non-downloadable web application for providing coaching and education in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Providing temporary use of a non-downloadable web application for preparing and delivering reports and analytics relating to medical and physiological data in the fields of management and treatment of diabetes, cardiac diseases and acute and chronic diseases; Providing temporary use of a non-downloadable web application for delivery of medical and physiological data and clinical decision support to healthcare organizations, healthcare providers, and healthcare professionals
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The owner's/holder's proposed attorney information: Erich G. Rhynhart. Erich G. Rhynhart, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Mailcode: 1160
      One CVS Drive
      Woonsocket, Rhode Island 02895
      United States
      401-770-4897(phone)
      4012163142(fax)
      Erich.Rhynhart@CVSHealth.com

Erich G. Rhynhart 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:

Erich G. Rhynhart

PRIMARY EMAIL FOR CORRESPONDENCE: Erich.Rhynhart@CVSHealth.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): IPLegal@CVSCaremark.com 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 $700 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: /Erich G. Rhynhart/   Date: 12/01/2021
Signatory's Name: Erich G. Rhynhart
Signatory's Position: Attorney of record, MA Bar member
Signatory's Phone Number: 401-770-4897
Signature method: Sent to third party for signature
Payment Sale Number: 97152314
Payment Accounting Date: 12/02/2021

Serial Number: 97152314
Internet Transmission Date: Thu Dec 02 08:24:07 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20211202082407060
158-97152314-781c91214ad7e1fc8174db15a21
881b8e6a58c3f27bd8a4b84e6972f1a89f95f7-D
A-24061163-20211129155042516216