| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76512726 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | Diagnostic reagents for clinical or medical laboratory use |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 02/09/1996 |
| FIRST USE IN COMMERCE DATE | 02/09/1996 |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | Diagnostic reagents for clinical or medical laboratory use |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 02/09/1996 |
| FIRST USE IN COMMERCE DATE | 02/09/1996 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU). |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT10\IMAGEOUT 10\765\127\76512726\xml2\ ROA0002.JPG |
| SPECIMEN DESCRIPTION | label for bottle containing reagent |
| GOODS AND/OR SERVICES SECTION (2nd class)(no change) | |
| GOODS AND/OR SERVICES SECTION (3rd class)(current) | |
| INTERNATIONAL CLASS | 016 |
| DESCRIPTION | |
| Printed matter, namely, instructional manuals, pamphlets and brochures for use with diagnostic reagents, scientific instruments and apparatus and laboratory apparatus for research purposes; diagnostic reagents, medical and veterinary apparatus for diagnostic purposes, namely, instruments for polymerase chain reaction, also known as PCR, analysis; dispensers for taking up, treatment, dosage and distribution of receptacles, capillary tubes, cartridges, control solutions, pipettes, buffers and reagents; disposable articles for laboratory instruments, namely, receptacles, capillary tubes, cartridges, pipettes and containers | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 06/07/1995 |
| FIRST USE IN COMMERCE DATE | 06/07/1995 |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (3rd class)(proposed) | |
| INTERNATIONAL CLASS | 016 |
| DESCRIPTION | |
| Printed matter, namely, instructional manuals, pamphlets and brochures for use with diagnostic reagents, scientific instruments and apparatus and laboratory apparatus for research purposes; diagnostic reagents, medical and veterinary apparatus for diagnostic purposes, namely, instruments for polymerase chain reaction, also known as PCR, analysis; dispensers for taking up, treatment, dosage and distribution of receptacles, capillary tubes, cartridges, control solutions, pipettes, buffers and reagents; disposable articles for laboratory instruments, namely, receptacles, capillary tubes, cartridges, pipettes and containers | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 06/07/1995 |
| FIRST USE IN COMMERCE DATE | 06/07/1995 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU). |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT10\IMAGEOUT 10\765\127\76512726\xml2\ ROA0003.JPG |
| \\TICRS\EXPORT10\IMAGEOUT 10\765\127\76512726\xml2\ ROA0004.JPG | |
| SPECIMEN DESCRIPTION | instruction sheets |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /dmy/ |
| SIGNATORY NAME | D. Michael Young |
| SIGNATORY POSITION | Chief Patent Counsel, Attorney for Applicant |
| SIGNATURE DATE | 05/03/2005 |
| RESPONSE SIGNATURE | /dmy/ |
| SIGNATORY NAME | D. Michael Young |
| SIGNATORY POSITION | Chief Patent Counsel, Attorney for Applicant |
| SIGNATURE DATE | 05/03/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 03 18:30:08 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0503183008131059-76512726 -20043abb126eb541bbeef1e2 979fc298ce-N-N-2005050318 2911426285 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76512726 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 005 for Diagnostic reagents for clinical or medical laboratory use | |
| Original Filing Basis: 1(b); and/or 1(a). | |
| Proposed: Class 005 for Diagnostic reagents for clinical or medical laboratory use | |
| Deleted Filing Basis: 1(b) | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 02/09/1996 and first used in commerce at least as early as 02/09/1996, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 005. | |
| The specimen(s) submitted consists of label for bottle containing reagent. |
|
| For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)." | |
| Specimen-1 | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 016 for Printed matter, namely, instructional manuals, pamphlets and brochures for use with diagnostic reagents, scientific instruments and apparatus and laboratory apparatus for research purposes; diagnostic reagents, medical and veterinary apparatus for diagnostic purposes, namely, instruments for polymerase chain reaction, also known as PCR, analysis; dispensers for taking up, treatment, dosage and distribution of receptacles, capillary tubes, cartridges, control solutions, pipettes, buffers and reagents; disposable articles for laboratory instruments, namely, receptacles, capillary tubes, cartridges, pipettes and containers | |
| Original Filing Basis: 1(b); and/or 1(a). | |
| Proposed: Class 016 for Printed matter, namely, instructional manuals, pamphlets and brochures for use with diagnostic reagents, scientific instruments and apparatus and laboratory apparatus for research purposes; diagnostic reagents, medical and veterinary apparatus for diagnostic purposes, namely, instruments for polymerase chain reaction, also known as PCR, analysis; dispensers for taking up, treatment, dosage and distribution of receptacles, capillary tubes, cartridges, control solutions, pipettes, buffers and reagents; disposable articles for laboratory instruments, namely, receptacles, capillary tubes, cartridges, pipettes and containers | |
| Deleted Filing Basis: 1(b) | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 06/07/1995 and first used in commerce at least as early as 06/07/1995, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 016. | |
| The specimen(s) submitted consists of instruction sheets. |
|
| For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)." | |
| Specimen-1 | |
| Specimen-2 | |
| Declaration Signature |
|
| The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of
the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. |
|
| Signature: /dmy/ Date: 05/03/2005 | |
| Signatory's Name: D. Michael Young | |
| Signatory's Position: Chief Patent Counsel, Attorney for Applicant | |
| Response Signature | |
| Signature: /dmy/ Date: 05/03/2005 | |
| Signatory's Name: D. Michael Young | |
| Signatory's Position: Chief Patent Counsel, Attorney for Applicant | |
| Serial Number: 76512726 | |
| Internet Transmission Date: Tue May 03 18:30:08 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005050318300813105 9-76512726-20043abb126eb541bbeef1e2979fc 298ce-N-N-20050503182911426285 |
