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: 97799967

Filing Date: 02/17/2023

To the Commissioner for Trademarks:

MARK: E/M CODING ALERT (Standard Characters, see mark)
The literal element of the mark consists of E/M CODING ALERT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, American Academy Holdings, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      2233 South Presidents Drive, Suite F
      Salt Lake City, Utah 84120
      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 041:  Providing electronic informational and educational and current events newsletters in the fields of health, health insurance, medical coding, and Medical insurance and compliance; publication of newsletters, articles, and reports featuring information in the field of health, health insurance, medical coding, and Medical insurance and compliance; medical coding training services and course materials distributed therewith; educational services, namely providing electronic informational and educational and current events newsletters in the fields of health, health insurance, medical coding, and Medical insurance and compliance; providing a web site that features instructional materials for medical coding; providing a web site that features news in the field of medical coding;

In International Class 041, 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 01/00/2012, and first used in commerce at least as early as 01/00/2012, 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) Screenshots of Applicant's website displaying mark thereon in association with services listed;.
Specimen File1
Specimen File2
Webpage URL: http://www.aapc.com/newsletter/e-m/
Webpage Date of Access: 01/27/2023
Webpage URL: http://www.aapc.com/codes/coding-newsletters/my-evaluation-management-coding-alert
Webpage Date of Access: 01/30/2023


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Devon E. White. Other appointed attorneys are John M. Fuscoe; J. Christopher Lynch. Devon E. White of Wyrick Robbins Yates & Ponton 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
      4101 Lake Boone Trail Suite 300
      Raleigh, North Carolina 27607
      United States
      919-781-4000(phone)
      919-781-4865(fax)
      ip@wyrick.com
The docket/reference number is 027220.0133.
Devon E. White 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:

Devon E. White

PRIMARY EMAIL FOR CORRESPONDENCE: ip@wyrick.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 $350 has been submitted with the application, representing payment for 1 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: /dew/   Date: 02/17/2023
Signatory's Name: Devon E. White
Signatory's Position: Attorney of Record, NC Bar Member
Signatory's Phone Number: 919-882-7143
Signature method: Sent to third party for signature
Payment Sale Number: 97799967
Payment Accounting Date: 02/17/2023

Serial Number: 97799967
Internet Transmission Date: Fri Feb 17 14:57:42 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XX:XXXX:XXXX:XX
X:XXXX-20230217145743836053-97799967-860
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