`ESTTA626816
`ESTTA Tracking number:
`09/12/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91213888
`Defendant
`Modern Medical, Inc.
`ROGER A GILCREST
`ICE MILLER LLP
`250 WEST STREET
`COLUMBUS, OH 43215-7513
`UNITED STATES
`roger.gilcrest@icemiller.com, ipdocketcolumbus@icemiller.com
`Other Motions/Papers
`Roger A. Gilcrest
`Roger.Gilcrest@icemiller.com
`/Roger Gilcrest/
`09/12/2014
`Blue Cross Blue Shield v MM Declaration.pdf(84314 bytes )
`
`Proceeding
`Party
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`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Blue Cross and Blue Shield Association
`
`Opposer,
`
`V.
`
`Modern Medical, Inc.
`
`Applicant.
`_:__T___..______l
`
`\/yzxax./\/xasuxax/9
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`Opposition No. 91213888
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`Application Serial No. 85/835,428
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`Filing Basis: Section 1(a), Use in Commerce:
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`DECLARATION
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`The applicant is using the mark in commerce, or the applicant's related company or licensee is
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`using the mark in commerce, on or in connection with the identified goods and/or services. 15
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`U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/01/2012 and
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`first used in commerce at least as early as 11/01/2012, and is now in use in such commerce.
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`International Class 035: Administering medication reimbursement programs and services
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`International Class 036: Medical insurance case and utilization review and insurance
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`claims adjustment services for healthcare purchasers and payors and providers and
`Medicare beneficiaries
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`International Class 044: Providing health and medical information in the field of
`substance abuse prevention programs and services to reduce inappropriate opioid use,
`risk of harm from inappropriate opioid use, and prolonged disability for a workers’
`compensation related injury; providing health and medical information to insurance
`companies, third-party administrators, self-insured companies and managed care
`organizations related to opioid use
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`
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`A substitute specimen was filed with the Stipulated Motion to Amend Application and Withdraw
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`Opposition Without Prejudice on June 13, 2014, and such substitute specimen(s) was in use in
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`commerce as of the filing date of Application Serial No. 85/835,428.
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`Declaration Signature
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`If the applicant is seeking registration under Section l(b) and/or Section 44 of the Trademark
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`Act, the applicant had a bona fide intention to use or use through the applicant's related company
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`or licensee the mark in commerce on or in connection with the identified goods and/or services
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`as of the filing date of the application. 37 C.F.R. §§ 2.34(a)(2)(i); 2.34 (a)(3)(i); and
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`2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act,
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`the mark was in use in commerce on or in connection with the goods or services listed in the
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`application as of the application filing date. 37 C.F.R. §§ 2.34(a)(l)(i). The undersigned, being
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`hereby warned that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may
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`jeopardize the validity of the application or any resulting registration, declares that he/she is
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`properly authorized to execute this application on behalf of the applicant; he/she believes the
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`applicant to be the owner of the trademark/service mark sought to be registered, or, if the
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`application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to
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`use such mark in commerce; to the best of his/her knowledge and belief no other person, firm,
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`corporation, or association has the right to use the mark in commerce, either in the identical form
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`thereof or in such near resemblance thereto as to be likely, when used on or in connection with
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`the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive;
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`that if the original application was submitted unsigned, that all statements in the original
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`
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`application and this submission made of the declaration signer's knowledge are true; and all
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`statements in the original application and this submission made on information and belief are
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`believed to be true.
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`//Q of
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`Thomas E. Oram, Treasurer
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`Date:
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`7;’ /Lg./7
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`CO\4700102. 1
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was served via First Class U.S. Mail on
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`September 12, 2014, upon the Opposer's counsel of record:
`
`Mr. Chris Walters
`Hanson Bridgett LLP
`425 Market Street, 26th Floor
`San Francisco, CA 94105
`
`By:
`
`/Roger A. Gilcrest/
`Roger A. Gilcrest
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