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. 97223059 L (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9722305 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Series of questions and tests for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals; Downloadable software and software applications and related hardware and devices for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2019 and first used in commerce at least as early as 11/05/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Series of questions and tests for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals; Downloadable software featuring a series of questions and tests, all for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients and medical and research professionals; Downloadable software and software applications and related hardware and devices for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals; Downloadable software and software applications for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionalsClass 009 for Downloadable software featuring a series of questions and tests, all for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients and medical and research professionals; Downloadable software and software applications for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2019 and first used in commerce at least as early as 11/05/2019 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 042 for SaaS services for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2019 and first used in commerce at least as early as 11/05/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: SaaS services for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients, medical and research professionals; Software as a service (SaaS) services featuring software for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients and medical and research professionalsClass 042 for Software as a service (SaaS) services featuring software for analyzing brain and mental health data, detecting and tracking brain and mental health disorders, and facilitating communication among patients and medical and research professionals
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2019 and first used in commerce at least as early as 11/05/2019 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information
      ELENORE NIU
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LINUS.002T.

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: /elenoreniu/     Date: 03/14/2023
Signatory's Name: Elenore Niu
Signatory's Position: Associate Attorney, Knobbe, Martens, Olson & Bear, LLP, California Bar Member

Signatory's Phone Number: (949) 760-0404 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:    ELENORE NIU
   KNOBBE MARTENS OLSON & BEAR, LLP
   
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California 92614
Mailing Address:    Elenore Niu
   KNOBBE MARTENS OLSON & BEAR, LLP
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California 92614
        
Serial Number: 97223059
Internet Transmission Date: Tue Mar 14 20:36:12 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2023031420361250
3055-97223059-850eeb741f72c6baac1afa6ea5
ecaeb4cb7a019d6dda86facde725523bd937d14-
N/A-N/A-20230313164554154193