20081231 Mommy Doctor Office Action Response - Final

Request for Reconsideration after Final Action http://teasroa.uspto.gov/rfr/xslt.service?xsl=text

1 of 1 1/7/2009 2:58 PM

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.

EVIDENCEEvidence 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 CHANGEApplicant proposes to amend the following:Current: AUI MANAGEMENT GROUP AUI MANAGEMENT GROUP 150 STATE HWY 160 STE 8-354 PAHRUMP, NV 89048Proposed: Erik M. Pelton of Erik M. Pelton & Associates, PLLC, having an address of PO Box 100637 Arlington, Virginia United States 22210, whosee-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 SignatureSignature: /CRS/ Date: 01/07/2009Signatory's Name: Christopher R. ShiplettSignatory'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, whichincludes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or anassociate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent notcurrently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filinga signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative towithdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney orCanadian 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

Attorneys at Law PO Box 100637Erik M. Pelton* Arlington, VA 22210Christopher R. Shiplett** T: 703.525.8009Benjamin D. Pelton*** F: 703.997.5349of counsel

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

January 7, 2009

Ahsen KhanTrademark Examining AttorneyLaw Office 113United States Patent and Trademark Office

RE: Serial No: 77405273Mark: MOMMIE DOApplicant: AUI ManagementOffice Action Of: September 29, 2008

APPLICANT'S

The following is the response of the Applicant, AUI Management, by Counsel, to the

Final Office Action sent via email on September 29, 2008,

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 No. 3470348

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

1357, 177 USPQ 563 (CCPA1973). The two key considerations in ex parte likelihood of

confusion analysis are the similarity of the marks and the similarity of the goods.

Foods, Inc. v. Fort Howard Paper Co.,

marks are different enough, given the dilution of the material common between

unlikely prospective purchasers would confuse the source of the respective services.

shows the respective marks and services:

PO Box 100637 * NJ DC BarArlington, VA 22210 ** VA BarT: 703.525.8009 *** VA DC & NY BarF: 703.997.5349 erikpelton.com


United States Patent and Trademark Office

77405273MOMMIE DOCTORAUI ManagementSeptember 29, 2008

APPLICANT'S REQUEST FOR RECONSIDERATION


a email on September 29, 2008, by Examining Attorney Ahsen Khan

LIKELIHOOD OF CONFUSION REFUSAL



gistration No. 3470348. For the following reasons, the Applicant


statutory refusal and allow registration of the Applicant’s mark.

confusion between two marks at the PTO is determined by a review of all

DuPont test. In re E.I. du Pont de Nemours & Co.,


ion analysis are the similarity of the marks and the similarity of the goods.

Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192 USPQ 24 (CCPA 1976).

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.

shows the respective marks and services:



by Examining Attorney Ahsen Khan.



. For the following reasons, the Applicant


confusion between two marks at the PTO is determined by a review of all

In re E.I. du Pont de Nemours & Co., 476 F.2d


ion analysis are the similarity of the marks and the similarity of the goods. See Federated

544 F.2d 1098, 192 USPQ 24 (CCPA 1976). Here the

them, that it is

unlikely prospective purchasers would confuse the source of the respective services. Table 1

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

gynecologic services

Providing a website featuring

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



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.



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 MOMMYExhibit 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 thereofExhibit 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,



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. 77405273RESPONSE TO OFFICE ACTION OF September 29, 2008

EXHIBIT 1:Table of Class 44 Registrations Containing MOM, MOMMIE, or MOMMY

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

RegistrationNo.

Mark Goods/Services

3553103 medical management services for self-insuredemployers, namely, (1) pre-authorization of outpatientservices, (2) pre-authorization of inpatient services, (3)case management for (i) high-cost cases requiring longperiods of care and (ii) cases that require intense, short-term services, and (4) medical management programsconsisting of (i) a Utilization Management Committee,(ii) a Quality Management Committee, and (iii) aPhysician Education Committee health care services,namely, wellness programs; health care services, namely,disease management programs for chronic illnesses thatrequire continuing medical care and education to preventacute complications and reduce the risk of long-termcomplications; and health care services, namely, on-sitewellness screenings and counseling for employees

3553102 medical management services for self-insuredemployers, namely, (1) pre-authorization of outpatientservices, (2) pre-authorization of inpatient services, (3)case management for (i) high-cost cases requiring longperiods of care and (ii) cases that require intense, short-term services, and (4) medical management programsconsisting of (i) a Utilization Management Committee,(ii) a Quality Management Committee, and (iii) aPhysician Education Committee health care services,namely, wellness programs; health care services, namely,disease management programs for chronic illnesses thatrequire continuing medical care and education to preventacute complications and reduce the risk of long-termcomplications; and health care services, namely, on-sitewellness screenings and counseling for employees

3534689 Healthcare services, namely, wellness programs, diseasemanagement and treatment of illness through datacollection and analysis, and providing healthcareinformation feedback and medical advice

3530685 Providing on-line agricultural information for growers ofgrapes


RegistrationNo.

Mark Goods/Services

3530254 Medical laboratory services; medical research Medicalservices, namely, medical diagnosis of diseases, medicaldiagnosis of patients for the purpose of treatment anddisease management, medical evaluation of the adequacyof tissue samples and specimens for the diagnosis andtreatment of diseases and disorders, medical pathologyservices for the diagnosis and treatment of diseases;providing medical information to health care providers,managed care providers, and patients; medical testingand screening for irregularities present in human tissueand cells

3529759 Conducting an educational outreach program consistingof seminars, workshops, and courses, and distributingeducational materials in the nature of literature andDVDs in connection therewith, all designed to teachstudents about the importance of blood donations, andthe importance of keeping a safe and adequate bloodsupply, and to encourage students to spread the word toadults, and providing a website featuring educationalinformation about the need for blood donations and theimportance of keeping a safe and adequate blood supplyProviding blood banks, namely, providing for thecollection and preservation of human blood

3522849 Providing consultation in the field of fitness Providingconsultation in the field of diet and nutrition

3517447 Health care; Health care services, namely, wellnessprograms; Health spa services for health and wellness ofthe mind, body and spirit offered in or from a remote,mobile or temporary on-site location; Providing healthinformation

3514147 Educational demonstrations; Educational services,namely, conducting on-line exhibitions and displays andinteractive exhibits in the field of healthcare; Medicaltraining and teaching Medical information


RegistrationNo.

Mark Goods/Services

3498694 Dentistry

3474083 Medical information services including providing anddocumenting doctor, patient, and medical informationvia electronic database

3459343 Computer software for creating and maintaining adatabase system for storing and retrieving, via acomputer network and the Internet, information relatingto medicine and physical therapy and informationrelating to medical and physical therapy patientsProviding a database for storing and retrieving, via acomputer network and the Internet, information relatingto medicine and physical therapy, and informationrelating to medical and physical therapy patients;Providing information via a computer network and theInternet in the area of medicine and physical therapy

3455470 Dietary supplements; food supplements; vitaminsupplements; nutritional supplements; herbalsupplements; homeopathic supplements; mineralsupplements; meal replacement and dietary supplementdrink mixes; medicinal creams for skin care; medicalcleansers for skin and wounds; nutritional supplements inlotion a form sold as a component for nutritional skincare products; pharmaceutical preparations for treatingskin disorders; and products and preparations forcleansing the skin for medical use Dietary andnutritional guidance; and providing information aboutdietary supplements and nutrition

3426872 Conducting surveys of the general public as to opinionsin the healthcare field; conducting market researchsurveys of the general public in the healthcare field;providing information to healthcare professionalsregarding market research studies featuring medicalconditions and products; providing marketing andpromotional services to pharmaceutical companiesProviding educational information to healthcareprofessionals regarding electronic educational


RegistrationNo.

Mark Goods/Services

opportunities in the field of medical conditions andproducts Providing healthcare information to thegeneral public

3415553 Conducting medically supervised weight normalizationprograms, namely, weight reduction diet planning andsupervision for children and adolescents that providesinformation about health, nutrition, and diet andpsychological consultation dealing with issues associatedwith obesity

3414615 Health Care Services

3395972 Health club services, namely, providing instruction andequipment in the field of physical exercise; Personaltraining services, namely, strength and conditioningtraining; Training services in the field of weightreduction diet planning and supervision Food nutritionconsultation; Weight reduction diet planning andsupervision

3317528 Chiropractic services

3312105 Health Care Services


RegistrationNo.

Mark Goods/Services

3300322 providing information about dentistry, dental health, oralhygiene, 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 enablethem to improve the flow and overall quality of care ofpatients in emergency room and ambulatory carefacilities

3288783 Consultation services in the field of health care, namely,providing assistance to health care facilities to enablethem to improve the flow and overall quality of care ofpatients in emergency room and ambulatory carefacilities

3266768 Medical services, namely, treatment of sleep disorders

3264830 Medical imaging services


RegistrationNo.

Mark Goods/Services

3262424 Maintaining on-line personal medical history records andfiles

3256520 Consulting services in the field of tracking andmonitoring patient health parameters

3251068 Ambulant medical care; medical services

3246393 Advertising agencies, namely, promoting the goods andservices of others; Advertising and commercialinformation services, via the internet; Advertising andmarketing; General business networking referralservices, namely, promoting the goods and services ofothers by passing business leads and referrals amonggroup members; Health care cost review services; On-line business directories featuring physicians, dentist andhealth care providers; On-line referrals, namely doctorreferrals, dentist referrals, medical referrals, physicianreferrals, chiropractic referrals, medical professionalreferrals, pharmaceutical referrals, health insurancereferrals, hospital referrals, holistic medicine referrals,ancient medical practice referrals, far east medicalpractice referrals, alternative medicine/healthcarereferrals, and DO (Doctor of Osteopathy) referrals;Providing information about and making referrals in thefield of consumer products and services for retailservices concerning products, services, events, activities,attractions and facilities in particular geographiclocations; Promoting the goods and services of othersthrough search engine referral traffic analysis andreporting; Verifying and monitoring the credentials of


RegistrationNo.

Mark Goods/Services

health care professionals; Health care utilization andreview services, namely, health care professional ratingsystem Providing health care information by theInternet

3246183 Dentistry and cosmetic dentistry

3241810 Providing hospital, clinical, surgical and non-surgicalmedical and health care services on in-patient and out-patient bases

3240391 Providing online referral, staffing and recruiting servicesfor physicians and other healthcare providersProviding medical information to physicians via anInternet database and website

3235876 Medical services

3231000 Cosmetic Dental Services


RegistrationNo.

Mark Goods/Services

3226967 medical clinics and physician services

3220082 Chiropractic services

3218019 Medical services provided in person, by telephone, byonline access by email, by text messaging, and by videoconferencing

3203194 Providing an on-line web site that provides the opinionof doctors on medical issues

3193525 Acupuncture services


RegistrationNo.

Mark Goods/Services

3193197 Ambulant medical care; medical services

3188124 Custom landscaping design services, custom landscapingconsulting services, custom landscaping services,namely, landscape modeling and remodeling forcommercial and residential applications

3175710 Ophthalmology services

3173105 Skin care and dermatology services and procedures,namely,administering pharmaceutical preparations forthe treatment of wrinkles,collagen treatments,liposuction, sclerotherapy, laser hair removal, lasertoning,acne treatments, broken capillary treatments,facials, hand repair treatments,intensive foot treatments,skin consultations, peels, exfoliation treatments,paraffintherapy, microdermabrasion treatments, skin treatments,and acne treatments

3166997 Parenting consulting in the field of children's mentalhealth


RegistrationNo.

Mark Goods/Services

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 byimproving the flow and overall care quality of patients inemergency room and ambulatory care facilities

3149431 DOCTOR B Preparing and placing advertising for others, namely, theplacing of advertisments for those offering painmanagement and pain diminution services Providingmedical information on the subject of pain and painmangement

3135232 Optometry services

3127536 SANA SANA COLITA DE RANA,VISITA A TU DOCTOR PARA UNAVIDA SANA

printed materials, namely, booklets, pamphlets andbrochures regarding health education, health awarenessand general health issues Conducting educationalprograms on the topic of health education, healthawareness and general health issues, directed tophysicians, health care professionals, patients and thepublic via the internet, television, and radio broadcasting;conducting educational seminars and programs in thefield of health education, health awareness and general


RegistrationNo.

Mark Goods/Services

health issues provision of health care services, namely,providing information to physicians, health careprofessionals and patients on the topic of health issuesand health awareness via the Internet, television andradio broadcasting and other media and in connectionwith promotional events and health awareness programs

3110019 DR. B Preparing and placing advertising for others, namely, theplacing of advertisments for those offering painmanagement and pain diminution services Providingmedical information on the subject of pain and painmanagement

3106571 provision of mobile medical diagnostic services topatients for physicians and medical practices

3106302 Landscape gardening care for shrubs and trees andlandscape gardening maintenance services

3096629 Administration of prepaid health plans Health care inthe nature of health maintenance organizations

3091305 Beauty consultation services


RegistrationNo.

Mark Goods/Services

3084588 Skin care and dermatology services and procedures,namely, administering pharmaceutical preparations forthe treatment of wrinkles, collagen treatments,liposuction, sclerotherapy, laser hair removal, lasertoning, acne treatments, broken capillary treatments,facials, hand repair treatments, intensive foot treatments,skin consultations, peels, exfoliation treatments, paraffintherapy, 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 andnutrition; providing on-line magazines, newsletters,bulletins, in the fields of diet, health, and nutrition;providing on-line newsletters in the fields of diet,healthand nutrition by e-mail catering services; restaurant,caf&eacute; and snack bar servicescomputer services, namely, providing counselingservices, information, and educational information in thefields of diet, health, and nutrition via the Internet;counseling services in the fields of diet, health, andnutrition; providing information in the fields of diet,health, and nutrition via email

3060071 Neuropsychological, Forensic and Psychologicaldiagnostic and treatment services, for persons sufferingfrom cognitive disturbances and other psychologicalimpairments

3048956 providing of health care information, healthcareinformation by telephone, telemedicine, psychologicalcounseling, nutrition counseling, and medical counselingand managed health care services


RegistrationNo.

Mark Goods/Services

3044933 Compact discs, ROM chips, Read-only memory chipsand magnetic data carriers, all for use in medicaldocument management to record, process and accesscustomer service information and information relating tothe use, operation and functions of medical apparatus andsystems Technical consulting services in the use,operation and functioning of medical apparatus andsystems; consulting services regarding documentmanagement in the medical field Providinginformation via the internet regarding the application ofmedical apparatus and systems in the field of health andmedicine

3039857 THE SMILE DOCTOR dental services, namely, cosmetic dentistry servicesprovided to patients in a dental office setting

3036953 Providing information and interactive services for clientsand potential clients, namely, as to human hair lossprevention, hair loss treatment, and hair care via a globalelectronic computer network

3034876 Medical Services

3034638 weight loss and weight management programs andservices, namely weight reduction diet planning andsupervision

3028781 charitable services, namely, providing medical servicesto underdeveloped countries


RegistrationNo.

Mark Goods/Services

3028767 charitable services, namely, providing medical servicesto underdeveloped countries

3003065 PROVIDING MEDICAL, HOSPITAL, HEALTHCAREAND EMERGENCY MEDICAL SERVICES

3001443 veterinary services

2997447 Providing to patients and physicians reports in the fieldof healthcare featuring results of an analysis of medicaldata, namely, insurance claims and containinginformation about the medical condition and treatmenthistory of individuals and opportunities to improve thepatient's health and/or health care, and/or reduce theirout-of-pocket medical expenses based upon said data

2991992 Consulting services and advice in the field of gardening,landscaping, horticulture, arboriculture, landscapegardening, agriculture, and landscape gardening design


RegistrationNo.

Mark Goods/Services

2964339 Pharmaceutical and veterinary preparations for humanand animal use for gastrointerlogical disorders, infectiousdiseases, cancer, immunomodulation, nutritional, skin,hair and nails, ocular and intraocular,autorenallaringological, internal organs, rhumatology,neurology, cardiovascular, cerebralspinal, andstomatology disorders; sanitary preparations for medicalpurposes; dietetic foods adapted for medical use, food forbabies; medical plasters, bandages for dressings; materialfor stopping teeth and dental wax; all purposedisinfectants; preparations for destroying vermin;herbicides and fungicides for home, garden and lawn useand for professional use Paper, paper towels,cardboard and cardboard signs; series of books,newsletters and magazines all dealing with medicalareas, health, and nutrition; bookbindings; photographs;stationery; adhesives for stationery or householdpurposes;artists\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'brushes, pastels, pencils, and pens; painting sets forartists; paintbrushes; electric and electronic typewritersand office requisites, namely, printed documents; printedinstructional and teaching material all dealing withmedical areas, health, and nutrition; plastic or paper bagsfor merchandise packaging;printers\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' type;printing blocks Household utensils, namely, graters,household or kitchen containers not of precious metal orcoated therewith; combs and sponges for householdpurposes, body sponges; bath and hair brushes; articlesfor cleaning purposes, namely, cloths and sponges; steelwool for cleaning; unworked or semi-worked glass notfor building, namely, common sheet glass in the form ofbricks, blanks and rods; beverage glassware, porcelainand 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 thefollowing, sugar, fruits, nuts, or vegetables, bread, pastryand 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 andforestry products, namely, grain, seeds, spores andspawn, and unprocessed grain; live animals; fresh fruitsand vegetables; natural, living and dried plants andflowers; animal feed; malt for food purposesEducation, namely, providing a school in the fields ofmedicine, health, preventive medicine, and nutrition withcourses of instruction at the post graduate level,


RegistrationNo.

Mark Goods/Services

continual medical education level, university level, andadult education level; training in the fields of medicine,health, preventive medicine, and nutrition; entertainmentin the nature of educational exhibitions in the fields ofmedicine, health, preventive medicine, and nutrition;sporting and cultural activities, namely, exhibitions in thefield of gymnastics; sports training in the field ofgymnastics Serving food and drink; providingtemporary 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 beingsor animals; providing agricultural advice and research,horticultural services; and agricultural, horticultural andforestry services, namely, lawn fertilization, insectcontrol, weed control, shrub care and tree care

2957084 Eye examinations and fitting of optical lenses, framesand contact lenses; and optician services

2956895 DOCTOR'S VISIONWORKS Retail store services featuring optical goods Opticianservices and optometric services

2944892 MEDICAL SERVICES IN THE NATURE OF APHYSICIAN'S MEDICAL PRACTICE

2939916 pharmaceutical preparations for use in the treatment ofheart disease and heart conditions, diabetes, menstrualdisorders, blood pressure problems, cardiovascularproblems, lipid metabolism disorders, asthma, arthritis,arthrosis, tinnitus, periodontosis, anemia, celldeficiencies, and cancer; vitamins and minerals formedical purposes; food supplements for non-medicalpurposes, consisting primarily of vitamins, amino acidsand trace elements; dietetic supplements for non-medicaluse, namely amino acids and trace elements in the natureof dietary supplements; nutritionally fortified beveragesprinted materials, namely books, pamphlets, magazines,journals, newspapers, and printed teaching andeducational materials, in the fields of health care,


RegistrationNo.

Mark Goods/Services

preventative health care, nutritional supplements, dietarysupplements, vitamins and mineral supplementsCandy-- candy in the nature of effervescent sticks andeffervescent tablets; pastilles; jellied fruits mineral andcarbonated water; other non-alcoholic beverages, namelyfruit drinks and fruit juices; preparations, namely syrups,powders, and tablets for making fortified beverageseducation and training, namely classes, seminars,conferences and workshops, in the fields of health care,preventative health care and nutritional supplementsMedical services; physician services; consultationservices in the fields of preventative health care, healthcare and nutrition; providing health care and nutritionalinformation by telephone

2922903 Providing health advice and information

2897154 CHIROPRACTIC SERVICES, NAMELYCOUNSELING IN THE FIELD OF CHIROPRACTICMEDICINE, NUTRITION, PHYSICAL THERAPYAND ACUPUNCTURE THERAPY

2879256 "WE PUT THE DOCTOR IN THEDAY SPA"

cosmetics of medical grade clinical skin care services,namely, laser hair removal, facial and skin photorejuvenation and microdermabrasion, hair styling,manicures and pedicures

2875044 DOCTOR EVIDENCE providing medical information2866546 THE FOOD DOCTOR Nutrition advisory services, nutrition consultation, and

nutrition counseling; providing information via theInternet in the field of nutrition

2855915 Medical Services


RegistrationNo.

Mark Goods/Services

2824045 Dishes Weight reduction diet planning and supervision

2823504 DR. HEALY'S DIET Weight reduction diet planning and supervision2813070 DR. RATH'S HEALTH ALLIANCE pharmaceutical preparations for use in the treatment of

heart disease and heart conditions, diabetes, menstrualdisorders, blood pressure problems, cardiovascularproblems, lipid metabolism disorders, asthma, arthritis,arthrosis, tinnitus, periodontosis, anemia, celldeficiencies, and cancer; vitamins and minerals formedical purposes; food supplements for non-medicalpurposes, consisting primarily of vitamins, amino acidsand trace elements; dietetic supplements for non-medicaluse, namely amino acids and trace elements in the natureof dietary supplements; nutritionally fortified beveragesprinted materials, namely books, pamphlets, magazines,journals, newspapers, and printed teaching andeducational materials, in the fields of health care,preventative health care, nutritional supplements, dietarysupplements, vitamins and mineral supplementsmineral and carbonated water; other non-alcoholicbeverages, namely fruit drinks and fruit juices;preparations, namely syrups, powders, and tablets formaking fortified beverages education and training,namely classes, seminars, conferences and workshops, inthe fields of health care, preventative health care andnutritional supplements scientific research servicesmedical services; physician services; consultationservices in the fields of preventative health care, healthcare and nutrition


EXHIBIT 2:Registrations


EXHIBIT 3:Table of Class 44 Registrations Containing DOCTOR or a derivative thereof


RegistrationNo.

Mark Goods/Services

3540434 Soaps for personal use; cosmetics, hair lotionsClothing, namely, shirts, trousers, and jackets, footwear,headwear Mineral and aerated waters and other non-alcoholic drinks, namely, carbonated beverages; fruitdrinks and fruit juices; syrups and other preparations formaking beverages in the nature of fruit drinks, fruit juicesand isotonic drinks Advertising Education services,namely, providing seminars and workshops in the field ofprevention of miscarriage; organizing communitysporting and cultural activities Medical assistance;health care; beauty salons

3514686 Nutrition counseling, providing information about dietaryguidelines, dietary supplements and nutrition andproviding a website featuring nutritional counseling andrelated food information

3483872 Providing a website featuring information and content inthe field of parenting concerning education andentertainment of children; providing a website featuringinformation and content in the field of entertainmentProviding a website featuring information and content inthe field of parenting concerning the health of children;providing a website featuring information and content inthe field of human health Providing a website featuringinformation and content in the field of parentingconcerning intrafamily relationships, providing a websitefeaturing information and content in the fields of personalrelationships and fashion, providing a website featuringinformation and content on lifestyles

3465193 Managed health care services provided by others in thefields of maternity care, prenatal care, post natal care andinfant care

3460872 Providing information in the field of pregnancy andproviding information for parents in the field of children'shealth via the Internet


RegistrationNo.

Mark Goods/Services

3455418 educational services, namely conducting seminars in thefield of health and parenting; entertainment services,namely, ongoing television programs featuringinformation on health and parenting; providinginformation in the field of parenting concerningeducation of children via a website providing healthinformation via a website; providing information in thefield of parenting concerning the health of children via awebsite providing information in the field of parentingconcerning 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


RegistrationNo.

Mark Goods/Services

3319868 Counseling services in the field of post-partumdepression

3289021 Educational services, namely conducting workshops andseminars in the field of health care Providing healthinformation; health care services

3268297 Providing health and wellness information via aninteractive website

3257402 Printed matter and publications, namely, magazines andnewspapers, manuals, books, printed instructional andteaching material in the field of medicine, lifestyle andhealthcare Consultation in the field of femalehealthcare

3251758 Health care services, namely wellness programs


RegistrationNo.

Mark Goods/Services

3219648 Information services provided to expectant and newmothers which focus on good health for mother andinfant

3197407 providing online information about cosmetics, makeoversand health information related to motherhood

3123515 Providing educational health care information forexpecting mothers and new mothers

3123507 Providing educational health care information forexpecting mothers and new mothers

3116445 Children's hairdressing services; hair salon primarilyservicing children


RegistrationNo.

Mark Goods/Services

3027734 Online MEDICAL, HEALTHCARE, andPSYCHOLOGICAL counseling services for newmothers; providing online resources namely,PROVIDING ONLINE MEDICAL, HEALTHCARE,and PSYCHOLOGICAL INFORMATION for newmothers

2946592 RETAIL SHOPS FEATURING BREASTFEEDINGPRODUCTS CONSULTATION SERVICES,NAMELY PROVIDING INFORMATION TONURSING MOTHERS BY CERTIFIED LACTATIONCONSULTANTS

2941714 A PLACE FOR MOM referral services of sources of elder care Consultingservices in the field of providing assisted living facilitiesfor the elderly Consulting services in the field of healthcare for the elderly

2878840 health counseling services, namely, assisting individualsto stop smoking; providing health information regardingthe dangers of perinatal smoking and associatedchildhood illness; collection and analysis of health dataregarding smoking cessation

2819034 Entertainment services, namely, providing acomputerized on-line informational interactive websitefeaturing 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 onlineinteractive informational website featuring health andnutritional information relating to healthcare, beauty,parenting and cooking and gardening

2756106 SMOKE-FREE MOMS-TO-BE HEALTH CARE, NAMELY, ASSISTINGINDIVIDUALS TO STOP SMOKING

2755219 M.O.M. CARE PROVIDING ONSITE MEDICAL AND HEALTHSERVICES, NAMELY, NURSING SERVICES, VIA AMOBILE HEALTHCARE PROFESSIONAL AND AWORLDWIDE COMPUTER NETWORK


EXHIBIT 4:Registrations


EXHIBIT 5:Excerpts From Registrant's Website

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