Response to Office Action

PERIOPERATIVE NURSE WEEK

Association of Operating Room Nurses, Inc.

Response to Office Action

PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76438963
MARK SECTION (no change)
ARGUMENT(S)
Applicant responds to the Office Action mailed on September 10, 2003. No fee is deemed necessary. Should any fee be required, the Commissioner is authorized to charge our Deposit Account No. 06-0029 and notify us of the same. Pursuant to the Examining Attorney's request, Applicant has disclaimed "PERIOPERATIVE NURSE" apart from the mark as shown. As a result of this disclaimer, Applicant respectfully submits that the requests for additional information in the Second Office Action are now moot. The requests relate only to the legal question whether the mark could be rejected on the basis that the phrase "PERIOPERATIVE NURSE" is descriptive of the services offered, which would no longer be a proper basis for rejection in light of the disclaimer. Therefore, Applicant submits that upon entry of the disclaimer, this application is now in order and respectfully requests its publication. Applicant respectfully reserves the right to present additional information in the event that the Examining Attorney requires further supplementation or amendments.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use PERIOPERATIVE NURSE apart from the mark as shown.
SIGNATURE SECTION
SIGNATURE /scoal/
SIGNATORY NAME Adam Lindquist Scoville
SIGNATORY POSITION Attorney-Faegre & Benson LLP
SIGNATORY DATE 03/09/2004
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 09 17:18:15 EST 2004
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2004
0309171815143168-76438963
-200253d16af9d24abf9da764
3fdcdbd8a-N-N-20040309171
514305702



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76438963 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:
Applicant responds to the Office Action mailed on September 10, 2003. No fee is deemed necessary. Should any fee be required, the Commissioner is authorized to charge our Deposit Account No. 06-0029 and notify us of the same. Pursuant to the Examining Attorney's request, Applicant has disclaimed "PERIOPERATIVE NURSE" apart from the mark as shown. As a result of this disclaimer, Applicant respectfully submits that the requests for additional information in the Second Office Action are now moot. The requests relate only to the legal question whether the mark could be rejected on the basis that the phrase "PERIOPERATIVE NURSE" is descriptive of the services offered, which would no longer be a proper basis for rejection in light of the disclaimer. Therefore, Applicant submits that upon entry of the disclaimer, this application is now in order and respectfully requests its publication. Applicant respectfully reserves the right to present additional information in the event that the Examining Attorney requires further supplementation or amendments.
 
Additional Statements
No claim is made to the exclusive right to use PERIOPERATIVE NURSE apart from the mark as shown.
        
Response Signature
        
Signature: /scoal/     Date: 03/09/2004
Signatory's Name: Adam Lindquist Scoville
Signatory's Position: Attorney-Faegre & Benson LLP
        
        
        
Serial Number: 76438963
Internet Transmission Date: Tue Mar 09 17:18:15 EST 2004
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004030917181514316
8-76438963-200253d16af9d24abf9da7643fdcd
bd8a-N-N-20040309171514305702




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