`ESTTA1139292
`06/09/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`ModivCare Solutions, LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`06/09/2021
`
`1275 PEACHTREE STREET
`6TH FLOOR
`ATLANTA, GA 30309
`UNITED STATES
`
`MARTHA B. ALLARD
`BASS, BERRY & SIMS PLC
`150 3RD AVE. S.
`SUITE 2800
`NASHVILLE, TN 37201
`UNITED STATES
`Primary Email: trademarks@bassberry.com
`615-742-7944
`
`Docket Number
`
`125985.0112
`
`Applicant Information
`
`Application No.
`
`90151710
`
`Publication date
`
`02/09/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`06/09/2021
`
`Opposition Peri-
`od Ends
`
`06/09/2021
`
`Modiv Health,LLC
`1195 LINDA VISTA DRIVE SUITE H
`SAN MARCOS, CA 92078
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Business services provided to the health-
`care industry, namely, the collection, reporting, and analysis of healthcare quality data for business
`purposes; Collecting and analyzing claims data from healthcare organizations for business purposes;
`Data processing services in the field of health quality improvement; Electronic data collection and
`data submission services for business purposes in the fields of medicine and healthcare; Maintaining
`a registry of national and international databases in the field of health care; Promoting the exchange
`of information and resources within the scientific research and medical communities to achieve ad-
`vances in the field of healthcare
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing information in the field of educa-
`tion regarding healthcare
`
`
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Consulting services in the field of health-
`care; Mobile healthcare services; Providing healthcare information
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`90050268
`
`Application Date
`
`07/13/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MODIVHEALTH
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Downloadable computer application software for mobile phones and handheld
`computers, namely, software for arranging formedical transportation for people
`by ground vehicles
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Logistics management services in the field of non-emergency medical transport-
`ation; business management in the field oftransportation logistics for non-
`emergency medical transportation with individuals receiving transportation,
`transportation providers, healthcare professionalsand other healthcare service
`providers,social workers and case managers, families, governmental agencies,
`and insurersand managed-care organizations
`Class 039. First use: First Use: 0 First Use In Commerce: 0
`Non-emergency medical transport services; transportation management ser-
`vices inthe nature of arranging non-emergency medical transportation for indi-
`viduals receiving transportation with transportation providers, healthcare profes-
`sionals and other healthcare service providers, social workers and case man-
`agers, families, governmental agencies, and insurers and managed-care organ-
`izations
`
`U.S. Application
`No.
`
`90072080
`
`Application Date
`
`07/24/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`MODIVHEALTH
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Business administration and management services in the field of transportation
`logistics for home health aides and healthcare providers to and from facilities
`providing care or treatment services
`Class 036. First use: First Use: 0 First Use In Commerce: 0
`Provision of patient coverage information and data concerning the destinations
`and transportation of patients covered by governmental health-benefit plans
`Class 039. First use: First Use: 0 First Use In Commerce: 0
`Delivery services featuring durable medical equipment; delivery services featur-
`ing prescription and non-prescription drugs; delivery services featuring house-
`hold staples; transportation of home health aides and healthcare providers to
`and from facilities providing care or treatment services; arranging, providing and
`making reservations and bookings for transportation of home health aides and
`healthcare providers to and from facilities providing care or treatment services;
`provision of destination and transportation information for patients covered by
`governmental health-benefit plans
`Class 045. First use: First Use: 0 First Use In Commerce: 0
`Non-medical in-home personal care services for assisting with daily living activit-
`ies of persons experiencing or recovering from medical events, injuries or ill-
`nesses; personal care assistance of activities of daily living, such as bathing,
`grooming, dressing, meal preparation, reminders to take medications, and per-
`sonal mobility for persons experiencing orrecovering from medical events, injur-
`ies or illnesses
`
`U.S. Application
`No.
`
`90197619
`
`Application Date
`
`09/21/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MODIVCARE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`
`
`Mark
`
`Goods/Services
`
`Class 045. First use: First Use: 0 First Use In Commerce: 0
`Non-medical in-home personal care services for assisting with daily living activit-
`ies of the elderly, handicapped, or persons experiencing or recovering from in-
`juries or illnesses; personal care assistance of activities of daily living, such as
`bathing, grooming, dressing, meal preparation, and personal mobility for the eld-
`erly, handicapped, or persons experiencing or recovering from injuries or ill-
`nesses
`
`U.S. Application
`No.
`
`90197599
`
`Application Date
`
`09/21/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MODIVCARE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 039. First use: First Use: 0 First Use In Commerce: 0
`Non-emergency medical transport services; delivery services featuring durable
`medical equipment; delivery services featuring household staples, food and gro-
`cery items; transportation of home health aides and healthcare providers to and
`from facilities providing care or treatmentservices; managing, arranging, provid-
`ing, planning and scheduling transportation of home health aides and healthcare
`providers to and from facilities providingcare or treatment services
`
`U.S. Application
`No.
`
`90197585
`
`Application Date
`
`09/21/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MODIVCARE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`Goods/Services
`
`Class 036. First use: First Use: 0 First Use In Commerce: 0
`
`
`
`Provision of information and data concerning the destinations and transportation
`of patients covered by governmental insurance-benefit plans
`
`U.S. Application
`No.
`
`90197553
`
`Application Date
`
`09/21/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MODIVCARE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Computer application software for mobile phones and handheld computers,
`namely,software for arranging for non-emergency medical transportation for
`people by ground vehicles
`
`90050268#TMSN.png( bytes )
`90072080#TMSN.png( bytes )
`90197619#TMSN.png( bytes )
`90197599#TMSN.png( bytes )
`90197585#TMSN.png( bytes )
`90197553#TMSN.png( bytes )
`Notice of Opposition re MODIVMD.pdf(30916 bytes )
`opposition exhibit A.pdf(142704 bytes )
`opposition exhibit B.pdf(247032 bytes )
`
`Signature
`
`/Martha B. Allard/
`
`Name
`
`Date
`
`MARTHA B. ALLARD
`
`06/09/2021
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. _________
`
`) )
`
`) )
`
`) )
`
`)
`
`) )
`
`) )
`
`) )
`
`In the matter of Application Serial No.: 90151710
`By Modiv Health, LLC
`
`For the Mark: MODIVMD
`
`Filing Date: September 1, 2020
`
`Published in the Official Gazette
`on February 9, 2021
`_________________________________________
`
`ModivCare Solutions, LLC,
`
`Opposer,
`
`v.
`
`Modiv Health, LLC,
`
`Applicant.
`
`__________________________________________)
`
`Box TTAB FEE
`Assistant Commissioner for Trademarks
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`NOTICE OF OPPOSITION
`
`ModivCare Solutions, LLC (“Opposer”), by and through its undersigned attorneys,
`
`believes that it will be damaged by the registration of the mark shown in Application Serial No.
`
`90151710 (the “Application”) and hereby opposes the same.
`
`1
`
`
`
`In support of its opposition, Opposer asserts the following:
`
`1.
`
`Opposer is a Delaware limited liability company, having its principal place of
`
`business at 1275 Peachtree Street, 6th Floor, Atlanta, Georgia 30309.
`
`2.
`
`Opposer has long been a leading provider of non-emergency medical transportation
`
`(NEMT). For example, Opposer contracts with various health maintenance organizations around
`
`the nation to provide transportation services for Medicaid patients to arrange for transportation to
`
`and from their medical appointments. As such, Opposer has long been working to eliminate
`
`transportation as a barrier to healthcare.
`
`3.
`
`As the nation’s largest manager of non-emergency medical transportation, Opposer
`
`manages more than 63 million rides annually in fifty (50) states and the District of Columbia.
`
`Opposer’s HIPAA compliant digital platform and digitally integrated transportation network
`
`enable automated administration of transportation benefits and simple ride scheduling. Rides can
`
`be scheduled by call centers, healthcare providers, case managers, caregivers, and
`
`members/patients and their family members.
`
`4.
`
`Opposer contracts with, for example, state agencies, managed care organizations
`
`(MCOs) servicing Medicaid and Medicare recipients, payers and healthcare facilities.
`
`5.
`
`During the pandemic, Opposer immediately expanded its offerings to include
`
`delivery services. For example, Opposer with its partner agencies and affiliates delivers food,
`
`meals, prescription drugs and durable medical equipment to families in need.
`
`6.
`
`Opposer is rapidly expanding its services to address a wide range of social
`
`determinants of health and to remove other barriers of health inequities by transforming the way
`
`people are connected to care. As such, Opposer has quickly evolved to become a leading
`
`2
`
`
`
`technology-enabled healthcare services company, which provides a suite of integrated supportive
`
`care solutions for public and private payors and their patients.
`
`7.
`
`Opposer has filed two applications to register its mark MODIVHEALTH mark with
`
`the United States Patent and Trademark Office (“PTO”). Printouts of the PTO TESS database
`
`showing the status of each of Opposer’s MODIVHEALTH applications as “live” are attached
`
`hereto as Exhibit A.
`
`8.
`
`Specifically, on July 13, 2020, Opposer filed an intent to use application to register
`
`its MODIVHEALTH mark with the PTO for use with, inter alia, non-emergency medical transport
`
`services, logistics management services, and mobile apps for arranging for the non-emergency
`
`medical transportation services. These services fall into Classes 9, 35 and 39. This application
`
`was accorded Ser. No. 90050268 and was published in the Official Gazette on June 1, 2021.
`
`9.
`
`Later, on July 24, 2020, Opposer filed another application to register its
`
`MODIVHEALTH mark covering additional services, such as business management services in
`
`the field of transportation logistics; provision of patient coverage information and data concerning
`
`the destinations and transportation of patients covered by governmental health-benefit plans;
`
`certain additional delivery services featuring the delivery of medical equipment, food and drugs;
`
`and certain non-medical, personal, in-home care services, in International Classes 35, 36, 39, and
`
`45. This application was accorded Ser. No. 90072080 and will be published in the Official Gazette
`
`on June 22, 2021. (Opposer’s two applications to register its MODIVHEALTH mark referred to
`
`collectively as “MODIVHEALTH Mark”.)
`
`10.
`
`Additionally, Opposer has filed four (4) applications to register its MODIVCARE
`
`mark (together with the MODIVHEALTH Mark, “Opposer’s Marks”) with the PTO. Printouts of
`
`3
`
`
`
`the PTO TESS database showing the “live” status of each of Opposer’s applications are attached
`
`hereto as a collective Exhibit B.
`
`11.
`
`Specifically, on September 21, 2020, Opposer filed its applications to register
`
`MODIVCARE with the PTO for use with certain personal care services (Ser. No. 90197619), non-
`
`emergency medical
`
`transport services (Ser. No. 90197599), provision of patient coverage
`
`information and data concerning the destinations and transportation of patients covered by
`
`governmental health-benefit plans (Ser. No. 90197585), and computer application software for
`
`arranging non-emergency medical transportation (Ser. No. 90197553), which together fall into
`
`Classes 9, 36, 39 and 45.
`
`12.
`
`Opposer has not had to submit proof of use of its MODIVHEALTH mark as the
`
`applications to register this mark have not yet received a Notice of Allowance.
`
`13.
`
`Opposer has adopted and is using its MODIVCARE mark with at least some of the
`
`services recited in the MODIVCARE applications as shown at least in part on its website at
`
`https://modivcare.com/.
`
`14.
`
`Upon information and belief, Modiv Health, LLC (“Applicant”) is a Wyoming
`
`limited liability company having a principal place of business at 1195 Linda Vista Drive, Suite H,
`
`San Marcos, CA 92078.
`
`15.
`
`On information and belief, Applicant filed an application seeking to register the
`
`mark MODIVMD mark (“Applicant’s Mark”) with the PTO on September 1, 2020 seeking
`
`registration for use with the following services:
`
`
`
`business services provided to the healthcare industry, namely, the collection, reporting, and
`analysis of healthcare quality data for business purposes; collecting and analyzing claims
`data from healthcare organizations for business purposes; data processing services in the
`field of health quality improvement; electronic data collection and data submission services
`for business purposes in the fields of medicine and healthcare; maintaining a registry of
`national and international databases in the field of health care; promoting the exchange of
`
`4
`
`
`
`information and resources within the scientific research and medical communities to
`achieve advances in the field of healthcare, all in Class 35;
`
`
`
`
`
`providing information in the field of education regarding healthcare, in Class 41; and
`
`consulting services in the field of healthcare; mobile healthcare services; providing
`healthcare information, in Class 44.
`
`16.
`
`The application to register the MODIVMD mark was assigned Ser. No. 90151710
`
`and was published for opposition in the Official Gazette on February 9, 2021.
`
`17.
`
`Upon information and belief, Applicant’s Mark is not in use anywhere.
`
`18.
`
`Upon information and belief, Applicant’s Mark is not in use in interstate commerce.
`
`19.
`
`Upon information and belief, Applicant’s Mark is not in use in interstate commerce
`
`with the services set out in the MODIVMD application.
`
`20.
`
`Opposer has timely filed an extension of time to oppose Applicant’s Mark.
`
`21.
`
`Opposer’s application to register its MODIVCARE mark is suspended pending
`
`disposition of the application to register the MODIVMD Mark.
`
`22.
`
`Opposer’s application filing date to register its MODIVHEALTH Mark is earlier
`
`than the Applicant’s filing date for its MODIVMD Mark.
`
`23.
`
`Opposer’s application filing date to register its MODIVHEALTH Mark is earlier
`
`than any use by Applicant of the Applicant’s Mark.
`
`24.
`
`Consequently, Opposer has superior rights to the MODIVHEALTH Mark.
`
`25.
`
`Applicant’s MODIVMD mark
`
`and Opposer’s MODIVHEALTH and
`
`MODIVCARE marks all share the prefix “MODIV” and each party’s mark is followed by a
`
`generic or descriptive term for healthcare and/or medical services (i.e., “HEALTH,” “CARE,” and
`
`“MD”).
`
`5
`
`
`
`26.
`
`The services covered by the MODIVMD application are highly related to the
`
`services described in the applications to register Opposer’s Marks, each involving the provision of
`
`support and resources to the healthcare field or otherwise relating to healthcare.
`
`27.
`
`The commercial impression conveyed by Applicant’s Mark is confusingly similar
`
`to that of the MODIVHEALTH mark, such that when Applicant’s Mark is used in connection with
`
`Applicant’s services, it resembles Opposer’s MODIVHEALTH mark such that confusion is likely.
`
`28. When Applicant’s Mark is used with the services described in the related
`
`application, it is likely to be confused with Opposer’s MODIVHEALTH Mark.
`
`29.
`
`Indeed, the Examiner assigned to all four of the pending applications to register the
`
`MODIVCARE mark has refused registration of it, asserting that the MODIVCARE mark is likely
`
`to be confused with the MODIVMD mark.
`
`30.
`
`The applications to register the MODIVCARE mark collectively recite the same
`
`services as those in the MODIVHEALTH application. If the MODIVCARE mark is confusingly
`
`similar to the MODIVMD mark, then it stands to reason that the MODIVMD mark is likely to be
`
`confused with the MODIVHEALTH mark. This is because the marks share the same prefix
`
`“MODIV”, and the term MD has little trademark significance in this context and is not sufficiently
`
`distinctive to avoid a likelihood of confusion.
`
`31.
`
`If Applicant is granted the registration herein opposed, it would thereby obtain at
`
`least a prima facie exclusive right to the use of its mark, which would be a source of damage and
`
`injury to Opposer due to the similarity between Applicant’s Mark and each of Opposer’s Marks.
`
`6
`
`
`
`WHEREFORE, Opposer, believing that
`
`it will be damaged by the registration of
`
`Applicant’s Mark, requests that this Opposition be sustained, and that registration to Applicant be
`
`refused.
`
`Date: June 9, 2021
`
`30812397.2
`
`Respectfully submitted,
`
`/Martha B. Allard/
`Martha B. Allard
`Elizabeth Harwood
`BASS, BERRY & SIMS PLC
`150 3rd Avenue South, Suite 2800
`Nashville, Tennessee 37201
`Telephone: (615) 742-6200
`Facsimile: (615) 742-0410
`
`Attorneys for Opposer
`
`7
`
`
`
`Exhibit A
`Exhibit A
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.2.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`to TESS)
`
`( Use the "Back" button of the Internet Browser to return
`
`Word Mark
`
`MODIVHEALTH
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: Downloadable computer application software for mobile phones
`and handheld computers, namely, software for arranging for medical transportation for people by ground
`vehicles
`
`IC 035. US 100 101 102. G & S: Logistics management services in the field of non-emergency medical
`transportation; business management in the field of transportation logistics for non-emergency medical
`transportation with individuals receiving transportation, transportation providers, healthcare professionals
`and other healthcare service providers, social workers and case managers, families, governmental
`agencies, and insurers and managed-care organizations
`
`IC 039. US 100 105. G & S: Non-emergency medical transport services; transportation management
`services in the nature of arranging non-emergency medical transportation for individuals receiving
`transportation with transportation providers, healthcare professionals and other healthcare service providers,
`social workers and case managers, families, governmental agencies, and insurers and managed-care
`organizations
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 90050268
`
`Filing Date
`
`July 13, 2020
`
`Current Basis
`
`1B
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Owner
`
`Assignment
`Recorded
`
`June 1, 2021
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`1 of 2
`
`6/9/2021, 12:40 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.2.1
`
`Attorney of
`Record
`
`Martha B. Allard
`
`Type of Mark
`
`TRADEMARK. SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`2 of 2
`
`6/9/2021, 12:40 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.3.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`to TESS)
`
`( Use the "Back" button of the Internet Browser to return
`
`Word Mark
`
`MODIVHEALTH
`
`Goods and
`Services
`
`IC 035. US 100 101 102. G & S: Business administration and management services in the field of
`transportation logistics for home health aides and healthcare providers to and from facilities providing care or
`treatment services
`
`IC 036. US 100 101 102. G & S: Provision of patient coverage information and data concerning the
`destinations and transportation of patients covered by governmental health-benefit plans
`
`IC 039. US 100 105. G & S: Delivery services featuring durable medical equipment; delivery services
`featuring prescription and non-prescription drugs; delivery services featuring household staples;
`transportation of home health aides and healthcare providers to and from facilities providing care or treatment
`services; arranging, providing and making reservations and bookings for transportation of home health aides
`and healthcare providers to and from facilities providing care or treatment services; provision of destination
`and transportation information for patients covered by governmental health-benefit plans
`
`IC 045. US 100 101. G & S: Non-medical in-home personal care services for assisting with daily living
`activities of persons experiencing or recovering from medical events, injuries or illnesses; personal care
`assistance of activities of daily living, such as bathing, grooming, dressing, meal preparation, reminders to
`take medications, and personal mobility for persons experiencing or recovering from medical events, injuries
`or illnesses
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 90072080
`
`Filing Date
`
`July 24, 2020
`
`Current Basis 1B
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`June 22, 2021
`
`1 of 2
`
`6/9/2021, 12:42 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.3.1
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`Martha B. Allard
`
`Type of Mark SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`2 of 2
`
`6/9/2021, 12:42 PM
`
`
`
`Exhibit B
`Exhibit B
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.7.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`to TESS)
`
`( Use the "Back" button of the Internet Browser to return
`
`Word Mark
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`MODIVCARE
`
`IC 009. US 021 023 026 036 038. G & S: Computer application software for mobile phones and
`handheld computers, namely, software for arranging for non-emergency medical transportation for
`people by ground vehicles
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`90197553
`
`Filing Date
`
`September 21, 2020
`
`Current Basis
`
`Original Filing
`Basis
`
`Owner
`
`Assignment
`Recorded
`
`1B
`
`1B
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Martha B. Allard
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`1 of 2
`
`6/9/2021, 12:47 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.7.1
`
`2 of 2
`
`6/9/2021, 12:47 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.6.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`to TESS)
`
`( Use the "Back" button of the Internet Browser to return
`
`Word Mark
`
`MODIVCARE
`
`Goods and Services IC 036. US 100 101 102. G & S: Provision of information and data concerning the destinations and
`transportation of patients covered by governmental insurance-benefit plans
`
`Standard Characters
`Claimed
`
`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`90197585
`
`Filing Date
`
`September 21, 2020
`
`Current Basis
`
`1B
`
`Original Filing Basis 1B
`
`Owner
`
`Assignment
`Recorded
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Martha B. Allard
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`1 of 2
`
`6/9/2021, 12:47 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.6.1
`
`2 of 2
`
`6/9/2021, 12:47 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.5.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`( Use the "Back" button of the Internet Browser to return
`
`Record 1 out of 1
`
`to TESS)
`
`Word Mark
`
`MODIVCARE
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`IC 039. US 100 105. G & S: Non-emergency medical transport services; delivery services featuring durable
`medical equipment; delivery services featuring household staples, food and grocery items; transportation of
`home health aides and healthcare providers to and from facilities providing care or treatment services;
`managing, arranging, providing, planning and scheduling transportation of home health aides and healthcare
`providers to and from facilities providing care or treatment services
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 90197599
`
`Filing Date
`
`September 21, 2020
`
`Current Basis 1B
`
`Original Filing
`Basis
`
`1B
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`Martha B. Allard
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`1 of 2
`
`6/9/2021, 12:46 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.5.1
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`2 of 2
`
`6/9/2021, 12:46 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.4.1
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jun 9 03:47:23 EDT 2021
`
`Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`to TESS)
`
`( Use the "Back" button of the Internet Browser to return
`
`Word Mark
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`MODIVCARE
`
`IC 045. US 100 101. G & S: Non-medical in-home personal care services for assisting with daily living
`activities of the elderly, handicapped, or persons experiencing or recovering from injuries or illnesses;
`personal care assistance of activities of daily living, such as bathing, grooming, dressing, meal preparation,
`and personal mobility for the elderly, handicapped, or persons experiencing or recovering from injuries or
`illnesses
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`90197619
`
`Filing Date
`
`September 21, 2020
`
`Current Basis
`
`1B
`
`Original Filing
`Basis
`
`1B
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`(APPLICANT) MODIVCARE SOLUTIONS, LLC LIMITED LIABILITY COMPANY DELAWARE 1275
`PEACHTREE STREET 6TH FLOOR ATLANTA GEORGIA 30309
`
`ASSIGNMENT RECORDED
`
`Martha B. Allard
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`1 of 2
`
`6/9/2021, 12:45 PM
`
`
`
`Trademark Electronic Search System (TESS)
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:8p3jpl.4.1
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`2 of 2
`
`6/9/2021, 12:45 PM
`
`