Request for Reconsideration after Final Action 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 uspto@tm4smallbiz.com, 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.

Back

1 of 1 1/7/2009 2:58 PM
Attorneys at Law PO Box 100637 * NJ DC Bar
Erik M. Pelton* Arlington, VA 22210 ** VA Bar
Christopher R. Shiplett** T: 703.525.8009 *** VA DC & NY Bar
Benjamin D. Pelton*** F: 703.997.5349 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: 77405273

Mark: MOMMIE DO DOCTOR
Applicant: AUI Management
Office Action Of: 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
Mark

Relevant Goods or Services Osteopathic, obstetric, and Providing a website featuring

gynecologic services information in the field of
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 Mark Goods/Services

No.
3553103 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, short-
term 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
3553102 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, short-
term 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
3534689 Healthcare services, namely, wellness programs, disease
management and treatment of illness through data
collection and analysis, and providing healthcare
information feedback and medical advice

3530685 Providing on-line agricultural information for growers of

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

Registration Mark Goods/Services

No.
3530254 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
3529759 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
3522849 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 Mark Goods/Services

No.
3498694 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
3455470 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
3426872 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
S/N 77405273
Response To Office Action
Exhibit 3
Page 4 of 18

Registration Mark Goods/Services

No.
opportunities in the field of medical conditions and
products Providing healthcare information to the
general public
3415553 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 Mark Goods/Services

No.
3300322 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 Mark Goods/Services

No.
3262424 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; On-
line 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 Mark Goods/Services

No.
health care professionals; Health care utilization and
review services, namely, health care professional rating
system Providing health care information by the
Internet
3246183 Dentistry and cosmetic dentistry

3241810 Providing hospital, clinical, surgical and non-surgical

medical and health care services on in-patient and out-
patient 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 Mark Goods/Services

No.
3226967 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 Mark Goods/Services

No.
3193197 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
3166997 Parenting consulting in the field of children's mental
health
S/N 77405273
Response To Office Action
Exhibit 3
Page 10 of 18

Registration Mark Goods/Services

No.
3161102 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
3135232 Optometry services

3127536 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
S/N 77405273
Response To Office Action
Exhibit 3
Page 11 of 18

Registration Mark Goods/Services

No.
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
3110019 DR. 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
management
3106571 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 Mark Goods/Services

No.
3084588 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
3074745 HOSPITAL AND MEDICAL SERVICES

3060942 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
3060071 Neuropsychological, Forensic and Psychological
diagnostic and treatment services, for persons suffering
from cognitive disturbances and other psychological
impairments

3048956 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 Mark Goods/Services

No.
3044933 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
3039857 THE SMILE DOCTOR dental services, namely, cosmetic dentistry services
provided to patients in a dental office setting
3036953 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 Mark Goods/Services

No.
3028767 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 Mark Goods/Services

No.
2964339 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 Mark Goods/Services

No.
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
2957084 Eye examinations and fitting of optical lenses, frames
and contact lenses; and optician services

2956895 DOCTOR'S VISIONWORKS Retail store services featuring optical goods Optician
services and optometric services
2944892 MEDICAL SERVICES IN THE NATURE OF A
PHYSICIAN'S MEDICAL PRACTICE

2939916 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 Mark Goods/Services

No.
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
2922903 Providing health advice and information

2897154 CHIROPRACTIC SERVICES, NAMELY

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

2879256 "WE PUT THE DOCTOR IN THE cosmetics of medical grade clinical skin care services,
DAY SPA" namely, laser hair removal, facial and skin photo
rejuvenation and microdermabrasion, hair styling,
manicures and pedicures
2875044 DOCTOR EVIDENCE providing medical information
2866546 THE FOOD DOCTOR Nutrition advisory services, nutrition consultation, and
nutrition counseling; providing information via the
Internet in the field of nutrition
2855915 Medical Services
S/N 77405273
Response To Office Action
Exhibit 3
Page 18 of 18

Registration Mark Goods/Services

No.
2824045 Dishes Weight reduction diet planning and supervision

2823504 DR. HEALY'S DIET Weight reduction diet planning and supervision
2813070 DR. RATH'S HEALTH ALLIANCE 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 Mark Goods/Services

No.
3540434 Soaps for personal use; cosmetics, hair lotions
Clothing, namely, shirts, trousers, and jackets, footwear,
headwear Mineral and aerated waters and other non-
alcoholic 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
3514686 Nutrition counseling, providing information about dietary
guidelines, dietary supplements and nutrition and
providing a website featuring nutritional counseling and
related food information

3483872 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
3465193 Managed health care services provided by others in the
fields of maternity care, prenatal care, post natal care and
infant care

3460872 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 Mark Goods/Services

No.
3455418 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
3438564 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 Mark Goods/Services

No.
3319868 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 Mark Goods/Services

No.
3219648 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 Mark Goods/Services

No.
3027734 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 RETAIL SHOPS FEATURING BREASTFEEDING

PRODUCTS CONSULTATION SERVICES,
NAMELY PROVIDING INFORMATION TO
NURSING MOTHERS BY CERTIFIED LACTATION
CONSULTANTS

2941714 A PLACE FOR MOM 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
2878840 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

2819034 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 on-
line information services, namely, providing an online
interactive informational website featuring health and
nutritional information relating to healthcare, beauty,
parenting and cooking and gardening
2756106 SMOKE-FREE MOMS-TO-BE HEALTH CARE, NAMELY, ASSISTING
INDIVIDUALS TO STOP SMOKING
2755219 M.O.M. CARE 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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