20081231 Mommy Doctor Office Action Response - Final

Request for Reconsideration after Final Action

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http://teasroa.uspto.gov/rfr/xslt.service?xsl=text

PTO Form 1930 (Rev 9/2007) OMB No. 0651-0050 (Exp. 4/30/2009)

Request for Reconsideration after Final Action To the Commissioner for Trademarks: Application serial no. 77405273 (MOMMIE DOCTOR , see mark) has been amended as follows: ARGUMENT(S)In response to the substantive refusal(s), please note the following: Please see the actual argument text attached within the Evidence section. EVIDENCE Evidence in the nature of substantive arguments and evidentiary attachments has been attached. Evidence-1 [evi_69173798-144824579_._20081231_MOMMY_DOCTOR_Office_Action_Response_-_FINAL.pdf ] CORRESPONDENCE ADDRESS CHANGE Applicant proposes to amend the following: Current: AUI MANAGEMENT GROUP AUI MANAGEMENT GROUP 150 STATE HWY 160 STE 8-354 PAHRUMP, NV 89048 Proposed: Erik M. Pelton of Erik M. Pelton & Associates, PLLC, having an address of PO Box 100637 Arlington, Virginia United States 22210, whose e-mail address is [email protected], whose phone number is 703-525-8009 and whose fax number is 703-525-8089. SIGNATURE(S) Request for Reconsideration Signature Signature: /CRS/ Date: 01/07/2009 Signatory's Name: Christopher R. Shiplett Signatory's Position: Attorney of Record, VA Bar Member The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter. The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

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1/7/2009 2:58 PM

Attorneys at Law Erik M. Pelton* Christopher R. Shiplett** Benjamin D. Pelton***

PO Box 100637 Arlington, VA 22210 T: 703.525.8009 F: 703.997.5349

* NJ DC Bar ** VA Bar *** VA DC & NY Bar erikpelton.com

of counsel

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE January 7, 2009 Ahsen Khan Trademark Examining Attorney Law Office 113 United States Patent and Trademark Office RE:

Serial No: Mark: Applicant: Office Action Of:

77405273 MOMMIE DO DOCTOR AUI Management September 29, 2008

APPLICANT'S REQUEST FOR RECONSIDERATION The following is the response of the Applicant, AUI Management, by Counsel, to the Final Office Action sent viaa email on September 29, 2008, by Examining Attorney Ahsen Khan. Khan LIKELIHOOD OF CONFUSION REFUSAL The Examining Attorney has refused registration of the proposed mark pursuant to Trademark Act Section 2(d), 15 U.S.C. § 1052(d), on the grounds that the mark is likely to be confused with the mark in Registration gistration No. 3470348 3470348.. For the following reasons, the Applicant respectfully disagrees with the findings and requests that the Examining Attorney reconsider the statutory refusal and allow registration of the Applicant’s mark. Likelihood of confusion between two marks at the PTO is determined by a review of all of the relevant factors under the DuPont test. In re E.I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA1973). The two key considerations in ex parte likelihood of confusion ion analysis are the similarity of the marks and the similarity of the goods. See Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192 USPQ 24 (CCPA 1976). Here the marks are different enough, given the dilution of the material common between them, that it is unlikely prospective purchasers would confuse the source of the respective services. Table 1 shows the respective marks and services:

page 2

Request For Reconsideration

SN 77405273 Ex. Atty.: Ahsen Khan Law Office 115

Table 1: Marks and Services

Applicant

Registrant

Osteopathic, obstetric, and

Providing a website featuring

gynecologic services

information in the field of

Mark

Relevant Goods or Services

child health and nutrition

Differences in the Marks Under DuPont, the marks are compared for similarity or dissimilarity in their entireties as to appearance, sound, connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973). Marks containing common elements are not likely to be confused if: “(1) the marks in their entireties convey significantly different commercial impressions, or (2) the matter common to the marks is not likely to be perceived by purchasers as distinguishing source because it is merely descriptive or diluted.” See, e.g., In re Farm Fresh Catfish Co., 231 USPQ 495 (TTAB 1986) (CATFISH BOBBERS (with "CATFISH" disclaimed) for fish held not likely to be confused with BOBBER for restaurant services); In re Shawnee Milling Co., 225 USPQ 747 (TTAB 1985) (GOLDEN CRUST for flour held not likely to be confused with ADOLPH'S GOLD'N CRUST and design (with "GOLD'N CRUST" disclaimed) for coating and seasoning for food items). Here, the material common between the marks is the derivation of “MOM,” as “MOMMIE” or “MOMMY,” and the derivation of “DOCTOR” as “DOCTOR” or “DOC.” In the field of health care related services in Class 44, both MOM, in its multiple derivations, and DOCTOR, in its multiple derivations, are highly diluted and therefore extremely weak source identifiers. Additionally, the terms are descriptive of the services, and are therefore weak. The existence of a term in several third party registrations indicates the weakness of the term. AMF Inc. v. American League Products, Inc. 474 F.2d 1403, 1406, 177 USPQ 268, 269-7(CCPA 1973). Here, MOM, MOMMY, or MOMMIE appear in at least twenty-seven (27) third party registrations for similar services in Class 44. See Exhibits 1 and 2. Similarly, DOCTOR or

page 3

Request For Reconsideration

SN 77405273 Ex. Atty.: Ahsen Khan Law Office 115

its derivatives DOC and DR. appear in at least eighty four (84) third-party registrations for similar services in Class 44. See Exhibits 3 and 4. Clearly both MOM- and DOC- are highly diluted as applied to the relevant services. The Examining Attorney argues that Registrant’s mark is a relatively strong mark because it is the only mark in Class 44 combining the terms MOMMIE and DOC. However, the combination of the terms MOMMIE and DOC does not create a unitary or composite phrase in which the terms lose their individual descriptive character, and in fact, the composite mark MOMMIEDOC is itself descriptive. Registrant’s information is health information and it is of interest to mothers. See Exhibit 5. The composite MOMMIEDOC merely describes the function of Registrant’s services and a characteristic of the consumers of Registrant’s services. Because the composite does not change the descriptive nature of its component words, the composite itself remains descriptive and is granted only a limited scope of protection. The individual terms that make up the registered mark are highly diluted and descriptive as applied to Registrant’s services. Furthermore, the composite of the two words that forms Registrant’s mark retains its descriptive character as applied to Registrant’s services. Customers are used to seeing these descriptive words applied to services like Applicant’s and Registrants, and would therefore be more aware of seemingly small differences in the marks that distinguish the source of the respective services.

Differences in the services and the meaning of the marks In addition, the services are different. Registrant’s services are, in pertinent part, “Providing a website featuring information in the field of child health and nutrition.” Applicant, in this submission, has amended its services to “health care services, namely, osteopathic, obstetric, and gynecological services.” Registrant limits its services in two critical ways. First, registrant’s services are limited to the provision of a website. Registrant does not offer health care services, but rather, provides a website with information. Second, Registrant limits its services to the fields of child health and nutrition. By contrast, Applicant’s services, as amended, are limited to the specific fields of osteopathy, a form of non-traditional medicine, obstetrics, a medical specialty dealing with care of pregnant women prior to childbirth, and gynecology, a medical specialty dealing with care of the female reproductive system. Although both services operate under the broad rubric of “health care,” they are by their nature very different services.

page 4

Request For Reconsideration

SN 77405273 Ex. Atty.: Ahsen Khan Law Office 115

Registrant’s offers informational services by which the parents of children can learn about the health and nutrition of those children. Applicant offers clinical medical services that, by their nature, are limited to adult females. Finally, when applied to their respective services, the marks have very different connotations. MOMMIEDOCS, as applied to Registrant’s services, connotes that the providers of the website are mothers and doctors, and can bridge the gap between nervous parents and the often inscrutable language of medicine. MOMMY DOCTORS, as applied to Applicant’s services, connotes that Applicants are doctors that provide medical services to women who are not yet mothers, but hope to become mothers.

Conclusion Because of the highly diluted nature of the words that comprise both marks, the descriptive character of the composites that are the marks, the differences in the services, and the different connotations each mark carries when applied to the respective services, it is not likely that consumers will be confused as to the source of Applicant’s and Registrant’s services when consumers encounter them in association with the respective marks. Therefore Applicant respectfully requests that the Examining Attorney reconsider the final refusal and allow Applicant’s mark to proceed to publication. The Applicant has responded to all issues raised in the Office Action. If any further information or response is required, please contact Applicant's attorney. The attorney may be reached by telephone at 703-525-8009.

Exhibit List Exhibit 1 – Table of Class 44 Registrations Containing MOM, MOMMIE, or MOMMY Exhibit 2 – U.S. Registration Nos. 2755219, 2819034, 2878840, 2946592, 3257402, 3402476, 3514686, 3465193, 3351542, 3367341, 3460872, 3438564, 3483872, 2756106, 2941714, 3027734, 3197407, 3116445, 3319868, 3123507, 3123515, 3219648, 3455418, 3289021, 3251758, 3268297, and 3540434 Exhibit 3 – Table of Class 44 Registrations Containing DOCTOR or a derivative thereof Exhibit 4 – U.S. Registration Nos. 3534689, 3529759, 3517447, 3522849, 3530254, 3553102, 3553103, 3498694, 3530685, 2824045, 2866546, 3039857, 2855915, 2944892, 2956895, 2813070, 2879256, 2897154, 2823504, 3127536, 3060942, 2875044, 3149431, 3110019, 2922903, 2957084, 2939916, 2991992, 3415553, 3003065, 2997447, 3034638, 3048956, 3044933, 3001443, 3096629, 3091305, 3240391,

page 5

Request For Reconsideration

SN 77405273 Ex. Atty.: Ahsen Khan Law Office 115

3034876, 3060071, 3173105, 3084588, 3036953, 3074745, 3028767, 3028781, 3459343, 3235876, 3106302, 3135232, 3231000, 3246183, 3262424, 3188124, 3300322, 3288783, 3294991, 3155358, 3106571, 3161102, 3155369, 3395972, 3175710, 3226967, 3246393, 3514147, 3166997, 3266768, 3455470, 3193197, 3251068, 3193525, 3317528, 3426872, 3241810, 3414615, 3312105, 3220082, 3218019, 3203194, 3474083, 3264830, 3256520, and 2964339 Exhibit 5 – Registrant’s Website

APPLICATION NO. 77405273 RESPONSE TO OFFICE ACTION OF September 29, 2008 EXHIBIT 1: Table of Class 44 Registrations Containing MOM, MOMMIE, or MOMMY

S/N 77405273 Response To Office Action Exhibit 3 Page 1 of 18

Registration No. 3553103

3553102

3534689

3530685

Mark

Goods/Services medical management services for self-insured employers, namely, (1) pre-authorization of outpatient services, (2) pre-authorization of inpatient services, (3) case management for (i) high-cost cases requiring long periods of care and (ii) cases that require intense, shortterm services, and (4) medical management programs consisting of (i) a Utilization Management Committee, (ii) a Quality Management Committee, and (iii) a Physician Education Committee health care services, namely, wellness programs; health care services, namely, disease management programs for chronic illnesses that require continuing medical care and education to prevent acute complications and reduce the risk of long-term complications; and health care services, namely, on-site wellness screenings and counseling for employees medical management services for self-insured employers, namely, (1) pre-authorization of outpatient services, (2) pre-authorization of inpatient services, (3) case management for (i) high-cost cases requiring long periods of care and (ii) cases that require intense, shortterm services, and (4) medical management programs consisting of (i) a Utilization Management Committee, (ii) a Quality Management Committee, and (iii) a Physician Education Committee health care services, namely, wellness programs; health care services, namely, disease management programs for chronic illnesses that require continuing medical care and education to prevent acute complications and reduce the risk of long-term complications; and health care services, namely, on-site wellness screenings and counseling for employees Healthcare services, namely, wellness programs, disease management and treatment of illness through data collection and analysis, and providing healthcare information feedback and medical advice

Providing on-line agricultural information for growers of grapes

S/N 77405273 Response To Office Action Exhibit 3 Page 2 of 18

Registration No. 3530254

3529759

3522849

Mark

Goods/Services Medical laboratory services; medical research Medical services, namely, medical diagnosis of diseases, medical diagnosis of patients for the purpose of treatment and disease management, medical evaluation of the adequacy of tissue samples and specimens for the diagnosis and treatment of diseases and disorders, medical pathology services for the diagnosis and treatment of diseases; providing medical information to health care providers, managed care providers, and patients; medical testing and screening for irregularities present in human tissue and cells Conducting an educational outreach program consisting of seminars, workshops, and courses, and distributing educational materials in the nature of literature and DVDs in connection therewith, all designed to teach students about the importance of blood donations, and the importance of keeping a safe and adequate blood supply, and to encourage students to spread the word to adults, and providing a website featuring educational information about the need for blood donations and the importance of keeping a safe and adequate blood supply Providing blood banks, namely, providing for the collection and preservation of human blood Providing consultation in the field of fitness Providing consultation in the field of diet and nutrition

3517447

Health care; Health care services, namely, wellness programs; Health spa services for health and wellness of the mind, body and spirit offered in or from a remote, mobile or temporary on-site location; Providing health information

3514147

Educational demonstrations; Educational services, namely, conducting on-line exhibitions and displays and interactive exhibits in the field of healthcare; Medical training and teaching Medical information

S/N 77405273 Response To Office Action Exhibit 3 Page 3 of 18

Registration No. 3498694

Mark

Goods/Services Dentistry

3474083

Medical information services including providing and documenting doctor, patient, and medical information via electronic database

3459343

Computer software for creating and maintaining a database system for storing and retrieving, via a computer network and the Internet, information relating to medicine and physical therapy and information relating to medical and physical therapy patients Providing a database for storing and retrieving, via a computer network and the Internet, information relating to medicine and physical therapy, and information relating to medical and physical therapy patients; Providing information via a computer network and the Internet in the area of medicine and physical therapy Dietary supplements; food supplements; vitamin supplements; nutritional supplements; herbal supplements; homeopathic supplements; mineral supplements; meal replacement and dietary supplement drink mixes; medicinal creams for skin care; medical cleansers for skin and wounds; nutritional supplements in lotion a form sold as a component for nutritional skin care products; pharmaceutical preparations for treating skin disorders; and products and preparations for cleansing the skin for medical use Dietary and nutritional guidance; and providing information about dietary supplements and nutrition Conducting surveys of the general public as to opinions in the healthcare field; conducting market research surveys of the general public in the healthcare field; providing information to healthcare professionals regarding market research studies featuring medical conditions and products; providing marketing and promotional services to pharmaceutical companies Providing educational information to healthcare professionals regarding electronic educational

3455470

3426872

S/N 77405273 Response To Office Action Exhibit 3 Page 4 of 18

Registration No.

3415553

Mark

Goods/Services opportunities in the field of medical conditions and products Providing healthcare information to the general public Conducting medically supervised weight normalization programs, namely, weight reduction diet planning and supervision for children and adolescents that provides information about health, nutrition, and diet and psychological consultation dealing with issues associated with obesity

3414615

Health Care Services

3395972

Health club services, namely, providing instruction and equipment in the field of physical exercise; Personal training services, namely, strength and conditioning training; Training services in the field of weight reduction diet planning and supervision Food nutrition consultation; Weight reduction diet planning and supervision

3317528

Chiropractic services

3312105

Health Care Services

S/N 77405273 Response To Office Action Exhibit 3 Page 5 of 18

Registration No. 3300322

Mark

Goods/Services providing information about dentistry, dental health, oral hygiene, oral disease, dental cures, dental medicine, dental diagnosis, dental treatment, dental counseling, dental advice and vendors, and patients via the Internet

3294991

Consultation services in the field of health care, namely, providing assistance to health care facilities to enable them to improve the flow and overall quality of care of patients in emergency room and ambulatory care facilities

3288783

Consultation services in the field of health care, namely, providing assistance to health care facilities to enable them to improve the flow and overall quality of care of patients in emergency room and ambulatory care facilities

3266768

Medical services, namely, treatment of sleep disorders

3264830

Medical imaging services

S/N 77405273 Response To Office Action Exhibit 3 Page 6 of 18

Registration No. 3262424

Mark

Goods/Services Maintaining on-line personal medical history records and files

3256520

Consulting services in the field of tracking and monitoring patient health parameters

3251068

Ambulant medical care; medical services

3246393

Advertising agencies, namely, promoting the goods and services of others; Advertising and commercial information services, via the internet; Advertising and marketing; General business networking referral services, namely, promoting the goods and services of others by passing business leads and referrals among group members; Health care cost review services; Online business directories featuring physicians, dentist and health care providers; On-line referrals, namely doctor referrals, dentist referrals, medical referrals, physician referrals, chiropractic referrals, medical professional referrals, pharmaceutical referrals, health insurance referrals, hospital referrals, holistic medicine referrals, ancient medical practice referrals, far east medical practice referrals, alternative medicine/healthcare referrals, and DO (Doctor of Osteopathy) referrals; Providing information about and making referrals in the field of consumer products and services for retail services concerning products, services, events, activities, attractions and facilities in particular geographic locations; Promoting the goods and services of others through search engine referral traffic analysis and reporting; Verifying and monitoring the credentials of

S/N 77405273 Response To Office Action Exhibit 3 Page 7 of 18

Registration No.

3246183

Mark

Goods/Services health care professionals; Health care utilization and review services, namely, health care professional rating system Providing health care information by the Internet Dentistry and cosmetic dentistry

3241810

Providing hospital, clinical, surgical and non-surgical medical and health care services on in-patient and outpatient bases

3240391

Providing online referral, staffing and recruiting services for physicians and other healthcare providers Providing medical information to physicians via an Internet database and website

3235876

Medical services

3231000

Cosmetic Dental Services

S/N 77405273 Response To Office Action Exhibit 3 Page 8 of 18

Registration No. 3226967

Mark

Goods/Services medical clinics and physician services

3220082

Chiropractic services

3218019

Medical services provided in person, by telephone, by online access by email, by text messaging, and by video conferencing

3203194

Providing an on-line web site that provides the opinion of doctors on medical issues

3193525

Acupuncture services

S/N 77405273 Response To Office Action Exhibit 3 Page 9 of 18

Registration No. 3193197

Mark

Goods/Services Ambulant medical care; medical services

3188124

Custom landscaping design services, custom landscaping consulting services, custom landscaping services, namely, landscape modeling and remodeling for commercial and residential applications

3175710

Ophthalmology services

3173105

Skin care and dermatology services and procedures, namely,administering pharmaceutical preparations for the treatment of wrinkles,collagen treatments, liposuction, sclerotherapy, laser hair removal, laser toning,acne treatments, broken capillary treatments, facials, hand repair treatments,intensive foot treatments, skin consultations, peels, exfoliation treatments,paraffin therapy, microdermabrasion treatments, skin treatments, and acne treatments Parenting consulting in the field of children's mental health

3166997

S/N 77405273 Response To Office Action Exhibit 3 Page 10 of 18

Registration No. 3161102

Mark

Goods/Services HOSPITAL AND MEDICAL SERVICES

3155369

medical skin care

3155358

Consultation services in the field of health care, namely, providing assistance to health care facilities by improving the flow and overall care quality of patients in emergency room and ambulatory care facilities

3149431

DOCTOR B

Preparing and placing advertising for others, namely, the placing of advertisments for those offering pain management and pain diminution services Providing medical information on the subject of pain and pain mangement Optometry services

SANA SANA COLITA DE RANA, VISITA A TU DOCTOR PARA UNA VIDA SANA

printed materials, namely, booklets, pamphlets and brochures regarding health education, health awareness and general health issues Conducting educational programs on the topic of health education, health awareness and general health issues, directed to physicians, health care professionals, patients and the public via the internet, television, and radio broadcasting; conducting educational seminars and programs in the field of health education, health awareness and general

3135232

3127536

S/N 77405273 Response To Office Action Exhibit 3 Page 11 of 18

Registration No.

3110019

3106571

Mark

DR. B

Goods/Services health issues provision of health care services, namely, providing information to physicians, health care professionals and patients on the topic of health issues and health awareness via the Internet, television and radio broadcasting and other media and in connection with promotional events and health awareness programs Preparing and placing advertising for others, namely, the placing of advertisments for those offering pain management and pain diminution services Providing medical information on the subject of pain and pain management provision of mobile medical diagnostic services to patients for physicians and medical practices

3106302

Landscape gardening care for shrubs and trees and landscape gardening maintenance services

3096629

Administration of prepaid health plans Health care in the nature of health maintenance organizations

3091305

Beauty consultation services

S/N 77405273 Response To Office Action Exhibit 3 Page 12 of 18

Registration No. 3084588

Mark

Skin care and dermatology services and procedures, namely, administering pharmaceutical preparations for the treatment of wrinkles, collagen treatments, liposuction, sclerotherapy, laser hair removal, laser toning, acne treatments, broken capillary treatments, facials, hand repair treatments, intensive foot treatments, skin consultations, peels, exfoliation treatments, paraffin therapy, microdermabrasion treatments, skin treatments, and acne treatments HOSPITAL AND MEDICAL SERVICES

3074745

3060942

3060071

3048956

Goods/Services

DR. SEARS ZONE APPROVED

Educational services, namely, conducting workshops, seminars and classes in the fields of diet, health and nutrition; providing on-line magazines, newsletters, bulletins, in the fields of diet, health, and nutrition; providing on-line newsletters in the fields of diet,health and nutrition by e-mail catering services; restaurant, café and snack bar services computer services, namely, providing counseling services, information, and educational information in the fields of diet, health, and nutrition via the Internet; counseling services in the fields of diet, health, and nutrition; providing information in the fields of diet, health, and nutrition via email Neuropsychological, Forensic and Psychological diagnostic and treatment services, for persons suffering from cognitive disturbances and other psychological impairments

providing of health care information, healthcare information by telephone, telemedicine, psychological counseling, nutrition counseling, and medical counseling and managed health care services

S/N 77405273 Response To Office Action Exhibit 3 Page 13 of 18

Registration No. 3044933

3039857 3036953

Mark

THE SMILE DOCTOR

Goods/Services Compact discs, ROM chips, Read-only memory chips and magnetic data carriers, all for use in medical document management to record, process and access customer service information and information relating to the use, operation and functions of medical apparatus and systems Technical consulting services in the use, operation and functioning of medical apparatus and systems; consulting services regarding document management in the medical field Providing information via the internet regarding the application of medical apparatus and systems in the field of health and medicine dental services, namely, cosmetic dentistry services provided to patients in a dental office setting Providing information and interactive services for clients and potential clients, namely, as to human hair loss prevention, hair loss treatment, and hair care via a global electronic computer network

3034876

Medical Services

3034638

weight loss and weight management programs and services, namely weight reduction diet planning and supervision

3028781

charitable services, namely, providing medical services to underdeveloped countries

S/N 77405273 Response To Office Action Exhibit 3 Page 14 of 18

Registration No. 3028767

Mark

Goods/Services charitable services, namely, providing medical services to underdeveloped countries

3003065

PROVIDING MEDICAL, HOSPITAL, HEALTHCARE AND EMERGENCY MEDICAL SERVICES

3001443

veterinary services

2997447

Providing to patients and physicians reports in the field of healthcare featuring results of an analysis of medical data, namely, insurance claims and containing information about the medical condition and treatment history of individuals and opportunities to improve the patient's health and/or health care, and/or reduce their out-of-pocket medical expenses based upon said data

2991992

Consulting services and advice in the field of gardening, landscaping, horticulture, arboriculture, landscape gardening, agriculture, and landscape gardening design

S/N 77405273 Response To Office Action Exhibit 3 Page 15 of 18

Registration No. 2964339

Mark

Goods/Services Pharmaceutical and veterinary preparations for human and animal use for gastrointerlogical disorders, infectious diseases, cancer, immunomodulation, nutritional, skin, hair and nails, ocular and intraocular, autorenallaringological, internal organs, rhumatology, neurology, cardiovascular, cerebralspinal, and stomatology disorders; sanitary preparations for medical purposes; dietetic foods adapted for medical use, food for babies; medical plasters, bandages for dressings; material for stopping teeth and dental wax; all purpose disinfectants; preparations for destroying vermin; herbicides and fungicides for home, garden and lawn use and for professional use Paper, paper towels, cardboard and cardboard signs; series of books, newsletters and magazines all dealing with medical areas, health, and nutrition; bookbindings; photographs; stationery; adhesives for stationery or household purposes; artists\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' brushes, pastels, pencils, and pens; painting sets for artists; paintbrushes; electric and electronic typewriters and office requisites, namely, printed documents; printed instructional and teaching material all dealing with medical areas, health, and nutrition; plastic or paper bags for merchandise packaging; printers\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' type; printing blocks Household utensils, namely, graters, household or kitchen containers not of precious metal or coated therewith; combs and sponges for household purposes, body sponges; bath and hair brushes; articles for cleaning purposes, namely, cloths and sponges; steel wool for cleaning; unworked or semi-worked glass not for building, namely, common sheet glass in the form of bricks, blanks and rods; beverage glassware, porcelain and earthenware beverageware, tea sets, bowls, pitchers, plates, cups, saucers, mugs, creamers, sugar bowls, cookie jars, vases, salt and pepper shakers Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, processed cereals that also contain one or more of the following, sugar, fruits, nuts, or vegetables, bread, pastry and medicated confectionery, frozen confections, flavored ices and ice cream; honey, treacle syrup; yeast, baking-powder; salt, mustard; vinegar, sauces, relish; spices; ice cubes Agricultural, horticultural and forestry products, namely, grain, seeds, spores and spawn, and unprocessed grain; live animals; fresh fruits and vegetables; natural, living and dried plants and flowers; animal feed; malt for food purposes Education, namely, providing a school in the fields of medicine, health, preventive medicine, and nutrition with courses of instruction at the post graduate level,

S/N 77405273 Response To Office Action Exhibit 3 Page 16 of 18

Registration No.

Mark

continual medical education level, university level, and adult education level; training in the fields of medicine, health, preventive medicine, and nutrition; entertainment in the nature of educational exhibitions in the fields of medicine, health, preventive medicine, and nutrition; sporting and cultural activities, namely, exhibitions in the field of gymnastics; sports training in the field of gymnastics Serving food and drink; providing temporary accommodations Medical services; veterinary services; health care services, namely, providing hygienic care for human beings or animals, and health spas featuring beauty care for human beings or animals; providing agricultural advice and research, horticultural services; and agricultural, horticultural and forestry services, namely, lawn fertilization, insect control, weed control, shrub care and tree care Eye examinations and fitting of optical lenses, frames and contact lenses; and optician services

2957084

2956895 2944892

2939916

Goods/Services

DOCTOR'S VISIONWORKS

Retail store services featuring optical goods Optician services and optometric services MEDICAL SERVICES IN THE NATURE OF A PHYSICIAN'S MEDICAL PRACTICE

pharmaceutical preparations for use in the treatment of heart disease and heart conditions, diabetes, menstrual disorders, blood pressure problems, cardiovascular problems, lipid metabolism disorders, asthma, arthritis, arthrosis, tinnitus, periodontosis, anemia, cell deficiencies, and cancer; vitamins and minerals for medical purposes; food supplements for non-medical purposes, consisting primarily of vitamins, amino acids and trace elements; dietetic supplements for non-medical use, namely amino acids and trace elements in the nature of dietary supplements; nutritionally fortified beverages printed materials, namely books, pamphlets, magazines, journals, newspapers, and printed teaching and educational materials, in the fields of health care,

S/N 77405273 Response To Office Action Exhibit 3 Page 17 of 18

Registration No.

Mark

preventative health care, nutritional supplements, dietary supplements, vitamins and mineral supplements Candy-- candy in the nature of effervescent sticks and effervescent tablets; pastilles; jellied fruits mineral and carbonated water; other non-alcoholic beverages, namely fruit drinks and fruit juices; preparations, namely syrups, powders, and tablets for making fortified beverages education and training, namely classes, seminars, conferences and workshops, in the fields of health care, preventative health care and nutritional supplements Medical services; physician services; consultation services in the fields of preventative health care, health care and nutrition; providing health care and nutritional information by telephone Providing health advice and information

2922903

2897154

CHIROPRACTIC SERVICES, NAMELY COUNSELING IN THE FIELD OF CHIROPRACTIC MEDICINE, NUTRITION, PHYSICAL THERAPY AND ACUPUNCTURE THERAPY

2879256

"WE PUT THE DOCTOR IN THE DAY SPA"

2875044 2866546

DOCTOR EVIDENCE THE FOOD DOCTOR

2855915

Goods/Services

cosmetics of medical grade clinical skin care services, namely, laser hair removal, facial and skin photo rejuvenation and microdermabrasion, hair styling, manicures and pedicures providing medical information Nutrition advisory services, nutrition consultation, and nutrition counseling; providing information via the Internet in the field of nutrition Medical Services

S/N 77405273 Response To Office Action Exhibit 3 Page 18 of 18

Registration No. 2824045

2823504 2813070

Mark

Goods/Services Dishes

DR. HEALY'S DIET DR. RATH'S HEALTH ALLIANCE

Weight reduction diet planning and supervision

Weight reduction diet planning and supervision pharmaceutical preparations for use in the treatment of heart disease and heart conditions, diabetes, menstrual disorders, blood pressure problems, cardiovascular problems, lipid metabolism disorders, asthma, arthritis, arthrosis, tinnitus, periodontosis, anemia, cell deficiencies, and cancer; vitamins and minerals for medical purposes; food supplements for non-medical purposes, consisting primarily of vitamins, amino acids and trace elements; dietetic supplements for non-medical use, namely amino acids and trace elements in the nature of dietary supplements; nutritionally fortified beverages printed materials, namely books, pamphlets, magazines, journals, newspapers, and printed teaching and educational materials, in the fields of health care, preventative health care, nutritional supplements, dietary supplements, vitamins and mineral supplements mineral and carbonated water; other non-alcoholic beverages, namely fruit drinks and fruit juices; preparations, namely syrups, powders, and tablets for making fortified beverages education and training, namely classes, seminars, conferences and workshops, in the fields of health care, preventative health care and nutritional supplements scientific research services medical services; physician services; consultation services in the fields of preventative health care, health care and nutrition

APPLICATION NO. 77405273 RESPONSE TO OFFICE ACTION OF September 29, 2008 EXHIBIT 2: Registrations

APPLICATION NO. 77405273 RESPONSE TO OFFICE ACTION OF September 29, 2008 EXHIBIT 3: Table of Class 44 Registrations Containing DOCTOR or a derivative thereof

S/N 77405273 Response To Office Action Exhibit 1 Page 1 of 5 Registration No. 3540434

3514686

3483872

3465193

3460872

Mark

Goods/Services Soaps for personal use; cosmetics, hair lotions Clothing, namely, shirts, trousers, and jackets, footwear, headwear Mineral and aerated waters and other nonalcoholic drinks, namely, carbonated beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages in the nature of fruit drinks, fruit juices and isotonic drinks Advertising Education services, namely, providing seminars and workshops in the field of prevention of miscarriage; organizing community sporting and cultural activities Medical assistance; health care; beauty salons Nutrition counseling, providing information about dietary guidelines, dietary supplements and nutrition and providing a website featuring nutritional counseling and related food information

Providing a website featuring information and content in the field of parenting concerning education and entertainment of children; providing a website featuring information and content in the field of entertainment Providing a website featuring information and content in the field of parenting concerning the health of children; providing a website featuring information and content in the field of human health Providing a website featuring information and content in the field of parenting concerning intrafamily relationships, providing a website featuring information and content in the fields of personal relationships and fashion, providing a website featuring information and content on lifestyles Managed health care services provided by others in the fields of maternity care, prenatal care, post natal care and infant care

Providing information in the field of pregnancy and providing information for parents in the field of children's health via the Internet

S/N 77405273 Response To Office Action Exhibit 1 Page 2 of 5 Registration No. 3455418

3438564

Mark

Goods/Services educational services, namely conducting seminars in the field of health and parenting; entertainment services, namely, ongoing television programs featuring information on health and parenting; providing information in the field of parenting concerning education of children via a website providing health information via a website; providing information in the field of parenting concerning the health of children via a website providing information in the field of parenting concerning the safety of children via a website cosmetic and plastic surgery

3402476

Child care services Salon services, namely, manicures, pedicures, facials, massage and waxing; physical therapy

3367341

Medical services; Providing health information

3351542

Providing information in the field of parenting, particularly late-in-life parenting issues via the Internet

S/N 77405273 Response To Office Action Exhibit 1 Page 3 of 5 Registration No. 3319868

Mark

Goods/Services Counseling services in the field of post-partum depression

3289021

Educational services, namely conducting workshops and seminars in the field of health care Providing health information; health care services

3268297

Providing health and wellness information via an interactive website

3257402

Printed matter and publications, namely, magazines and newspapers, manuals, books, printed instructional and teaching material in the field of medicine, lifestyle and healthcare Consultation in the field of female healthcare

3251758

Health care services, namely wellness programs

S/N 77405273 Response To Office Action Exhibit 1 Page 4 of 5 Registration No. 3219648

Mark

Goods/Services Information services provided to expectant and new mothers which focus on good health for mother and infant

3197407

providing online information about cosmetics, makeovers and health information related to motherhood

3123515

Providing educational health care information for expecting mothers and new mothers

3123507

Providing educational health care information for expecting mothers and new mothers

3116445

Children's hairdressing services; hair salon primarily servicing children

S/N 77405273 Response To Office Action Exhibit 1 Page 5 of 5 Registration No. 3027734

Mark

Online MEDICAL, HEALTHCARE, and PSYCHOLOGICAL counseling services for new mothers; providing online resources namely, PROVIDING ONLINE MEDICAL, HEALTHCARE, and PSYCHOLOGICAL INFORMATION for new mothers

2946592

2941714

Goods/Services

RETAIL SHOPS FEATURING BREASTFEEDING PRODUCTS CONSULTATION SERVICES, NAMELY PROVIDING INFORMATION TO NURSING MOTHERS BY CERTIFIED LACTATION CONSULTANTS

A PLACE FOR MOM

2878840

2819034

2756106

SMOKE-FREE MOMS-TO-BE

2755219

M.O.M. CARE

referral services of sources of elder care Consulting services in the field of providing assisted living facilities for the elderly Consulting services in the field of health care for the elderly health counseling services, namely, assisting individuals to stop smoking; providing health information regarding the dangers of perinatal smoking and associated childhood illness; collection and analysis of health data regarding smoking cessation

Entertainment services, namely, providing a computerized on-line informational interactive website featuring entertainment information relating to romance, fitness, holiday planning, local events scheduling, learning crafts, housekeeping skills and techniques, homemaking skills and techniques Computerized online information services, namely, providing an online interactive informational website featuring health and nutritional information relating to healthcare, beauty, parenting and cooking and gardening HEALTH CARE, NAMELY, ASSISTING INDIVIDUALS TO STOP SMOKING PROVIDING ONSITE MEDICAL AND HEALTH SERVICES, NAMELY, NURSING SERVICES, VIA A MOBILE HEALTHCARE PROFESSIONAL AND A WORLDWIDE COMPUTER NETWORK

APPLICATION NO. 77405273 RESPONSE TO OFFICE ACTION OF September 29, 2008 EXHIBIT 4: Registrations

APPLICATION NO. 77405273 RESPONSE TO OFFICE ACTION OF September 29, 2008 EXHIBIT 5: Excerpts From Registrant's Website

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We have received your form for serial number 77405273. We will send an Email summary of the form to "[email protected]", which will be your official confirmation of receipt. For electronically-submitted forms, the U will not mail any additional paper confirmation.

NOTE: Do NOT send a duplicate paper copy of this filing to the USPTO, as it will interfere with the proper processing o electronic submission. Thank you. TEAS Support Team

STAMP: USPTO/RFR-69.17.37.98-20090107145819726790-77405273-430547941cbf85d310d56a4ef744d690ee-N/A-N/A-2009010714 Trademark Electronic Application System (TEAS) service U.S. Patent and Trademark Office Please refer questions or comments to: [email protected]

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