| 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
The table below presents the data as entered.
| 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.
97223074 MBHA(Standard Characters, see http://uspto.report/TM/97223074/mark.png) 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(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; 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.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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: 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(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; 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.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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 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(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; 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.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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: 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(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; 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.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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
ELENORE NIU
PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is LINUS.005T.
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: 97223074
Internet Transmission Date: Tue Mar 14 20:22:28 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2023031420222838
6437-97223074-85072ef81918599967d341e6b4
29052838bab527f4990909d9d8da6775af5f1ee-
N/A-N/A-20230313170714444405