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: 97581170

Filing Date: 09/07/2022

To the Commissioner for Trademarks:

MARK: MEDICAL GUARDIAN (Standard Characters, see mark)
The literal element of the mark consists of MEDICAL GUARDIAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Medical Guardian, LLC, a limited liability company legally organized under the laws of Pennsylvania, having an address of
      Suite 1200
      1818 Market St.
      Philadelphia, Pennsylvania 19103
      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:  electronic monitoring devices for use in connection with emergency response and other medical alarm monitoring services, namely, electronic personal emergency response systems that consist of a pendant or other device worn on the body or placed in the home with a button that users push to notify others in the event of an emergency and a base unit, which may be either based in-home, or portable so that the user can carry the unit at all times, that receives a signal from another device worn on the body or via a phone application over the internet, and connects the user to emergency response services; downloadable software application to enable access to patient health records and health information; smartwatches

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 12/07/2005, and first used in commerce at least as early as 12/07/2005, 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) Photograph of the Applicant's product featuring the mark used in direct connection with the goods included in International Class 09 outlined in the Application.

Original PDF file:
SPE0-389822016-2022083014 3631109673_._MEDICAL_GUAR DIAN__CL._9__specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 039:  record storage services, namely, collecting, storing and providing caregivers and health care providers with access to health and medical records for use in providing patient care
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 044:  medical information services, namely, providing reminder calls, texts and notifications to individuals for required medication and medical care; providing an interactive website and website portal featuring access to patient health records and health information, medical device usage information and readings, chat rooms and videoconferencing for providing medical care and advice, and medical billing information; providing access to nondownloadable software to enable access to patient health records and health information

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 01/01/2021, and first used in commerce at least as early as 01/01/2021, 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) Screenshot of the Applicant's website featuring the mark used in direct connection with the services included in International Class 44 outlined in the Application.

Original PDF file:
SPE0-389822016-2022083014 3631109673_._MEDICAL_GUAR DIAN__CL._44__specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.medicalguardian.com/medical-alert-system-customer-portal
Webpage Date of Access: 08/30/2022

International Class 044:  telemedicine services provided to patients offered in conjunction with medical care providers
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 045:  Emergency response medical alarm monitoring services; medical alarm monitoring services; remote patient monitoring (rpm) services provided through personal emergency response systems (pers)

In International Class 045, 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 12/07/2005, and first used in commerce at least as early as 12/07/2005, 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) Screenshot of the Applicant's website featuring the mark used in direct connection with the services included in International Class 45 outlined in the Application.

Original PDF file:
SPE0-389822016-2022083014 3631109673_._MEDICAL_GUAR DIAN__CL._45__specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.medicalguardian.com/how-medical-alert-systems-work
Webpage Date of Access: 08/30/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5854221.


The owner's/holder's proposed attorney information: David M. Perry. Other appointed attorneys are Timothy D. Pecsenye, Bruce D. George, Lisa Casey Spaniel, Megan E. Spitz, Zachary A. Aria, Matthew A. Homyk, Bradford C. Craig, Shaun J. Bockert, Jillian Taylor, Samar Aryani-Sabet, Blake D. Fink, Divya L. Kannegenti, and Fatema M. Ghasletwala. David M. Perry of Blank Rome 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
      8th Floor
      One Logan Square
      Philadelphia, Pennsylvania 19103
      United States
      215-569-5767(phone)
      215-832-5767(fax)
      david.perry@blankrome.com
The docket/reference number is 145502-00100.
David M. Perry 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:

David M. Perry

PRIMARY EMAIL FOR CORRESPONDENCE: david.perry@blankrome.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): blair.fink@blankrome.com; trademarks@blankrome.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 $1400 has been submitted with the application, representing payment for 4 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: /Mark Leighton/   Date: 09/07/2022
Signatory's Name: Mark Leighton
Signatory's Position: President & COO
Signatory's Phone Number: 508-821-8309
Signature method: Sent to third party for signature
Payment Sale Number: 97581170
Payment Accounting Date: 09/07/2022

Serial Number: 97581170
Internet Transmission Date: Wed Sep 07 11:39:12 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220907113913438
561-97581170-820272114ab26eb951dd484a646
e82f1f9cf4a53ad77f5237453ab4edece86561-C
C-39122132-20220830160924852004