| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76551930 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| The examining attorney has indicated that the specimens of use submitted with the application are unacceptable because they do not show use of the trademark on the goods. The specimens in question comprise examples of labels that are affixed to containers for the goods, all of which prominently feature the mark. Applicant respectfully submits that these are appropriate specimens of use for applicant's goods, and requests that the requirement for substitute specimens be withdrawn. | |
| GOODS AND/OR SERVICES SECTION (1st class)(no change) | |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| laboratory equipment, namely, thermometers and parts thereof, namely wet bulb wicking, electronic thermometers, electronic thermometer mounting brackets, electronic thermometer recorder adaptors, temperature controllers and parts therefor, namely, relays, temperature adaptors, temperature standards instrumentation and parts therefor, namely cell adaptors, dissolved oxygen meters, dissolved oxygen meter membranes, dissolved oxygen monitors, biological oxygen monitors and parts therefor, namely, bath assemblies, oxygen sensors, lucite plungers, and stirring bars, conductivity bridges and parts therefor, namely conductivity cells, conductance meters and parts therefor, namely conductivity cells, salinity-conductivity-temperature meters, platinizing instruments, industrial analyzers and parts therefor, namely, temperature adaptors, alcohol membranes, dextrose membranes, sucrose membranes, lactose membranes, and dual injection modules, radiometers, dew point hygrometers, heat stress instruments, oxidase meters and parts therefor, namely "o" rings, "o" ring applicators, and oxidase meter membranes, process indicators, transmitters and parts therefor, namely housings and vapor windows, thermistors, platinum temperature-sensing elements, temperature probes, sheaths for probes, probe holders, probe leads, thermocouples, dew point cells and parts therefor, namely protective housings and transmitter/power supplies, pressure transducers, digital indicators, temperature indicators, signal conditioners, switch boxes, instrument cables, calibration chambers, battery and charger packs, submersible stirrers, conductivity cells, syringepets, sample trays, evaporation covers, microbeaker sample cups, and carrying cases for such equipment, blood glucose analyers, blood glucose analyzer membranes, blood lactate analyzers and parts therefor, namely waste bags, and blood lactate analyzer membranes; heat-reflecting shields for use with temperature probes used in research laboratories and medical facilities; computer software for controlling environmental water quality monitoring systems; computer software for displaying, calibrating and uploading data collected by environmental monitoring instruments and transferring it to computers; analytical instruments, namely, carbon dioxide monitors for non-medical use in the bioprocessing and fermentation industries; instrumentation for measuring and monitoring water quality and quantity; electrochemical, electrophysical and electro-optical sensors for measuring water quality and bioprocessing parameters and temperature, used in measuring, monitoring and creating analytical solutions for the global biosystems market; sensor-based, bioanalytical instruments, namely, biochemistry analyzers, monitors and probes for measuring carbohydrates, vitamins, amino acids and dissolved gasses; bioanalytical systems comprised of optical, electrochemical, potentiometric and photometric sensors for measuring carbohydrates, vitamins, amino acids and dissolved gases; and laboratory equipment, namely, pumps, valves and vacuum tubing for measuring and detecting fluid movement; optical and electronic chemical sensors for extended monitoring of water quality and quantity by sensing PH, oxidation-reduction potential and dissolved oxygen; temperature measurement devices; electrochemical sensors for measuring water quality parameters, namely, temperature, dissolved oxygen, conductivity, total dissolved solids and pH | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 00/00/1958 |
| FIRST USE IN COMMERCE DATE | 00/00/1958 |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| laboratory equipment, namely, thermometers and parts thereof, namely wet bulb wicking, electronic thermometers, electronic thermometer mounting brackets, electronic thermometer recorder adaptors, temperature controllers and parts therefor, namely, relays, temperature adaptors, temperature standards instrumentation and parts therefor, namely cell adaptors, dissolved oxygen meters, dissolved oxygen meter membranes, dissolved oxygen monitors, biological oxygen monitors and parts therefor, namely, bath assemblies, oxygen sensors, lucite plungers, and stirring bars, conductivity bridges and parts therefor, namely conductivity cells, conductance meters and parts therefor, namely conductivity cells, salinity-conductivity-temperature meters, platinizing instruments, industrial analyzers and parts therefor, namely, temperature adaptors, alcohol membranes, dextrose membranes, sucrose membranes, lactose membranes, and dual injection modules, radiometers, dew point hygrometers, heat stress instruments, oxidase meters and parts therefor, namely "o" rings, "o" ring applicators, and oxidase meter membranes, process indicators, transmitters and parts therefor, namely housings and vapor windows, thermistors, platinum temperature-sensing elements, temperature probes, sheaths for probes, probe holders, probe leads, thermocouples, dew point cells and parts therefor, namely protective housings and transmitter/power supplies, pressure transducers, digital indicators, temperature indicators, signal conditioners, switch boxes, instrument cables, calibration chambers, battery and charger packs, submersible stirrers, conductivity cells, syringepets, sample trays, evaporation covers, microbeaker sample cups, and carrying cases for such equipment, blood glucose analyers, blood glucose analyzer membranes, blood lactate analyzers and parts therefor, namely waste bags, and blood lactate analyzer membranes; heat-reflecting shields for use with temperature probes used in research laboratories and medical facilities; computer software for controlling environmental water quality monitoring systems; computer software for displaying, calibrating and uploading data collected by environmental monitoring instruments and transferring it to computers; analytical instruments, namely, carbon dioxide monitors for non-medical use in the bioprocessing and fermentation industries; instrumentation for measuring and monitoring water quality and quantity; electrochemical, electrophysical and electro-optical sensors for measuring water quality and bioprocessing parameters and temperature, used in measuring, monitoring and creating analytical solutions for the global biosystems market; sensor-based, bioanalytical instruments, namely, biochemistry analyzers, monitors and probes for measuring carbohydrates, vitamins, amino acids and dissolved gasses; bioanalytical systems comprised of optical, electrochemical, potentiometric and photometric sensors for measuring carbohydrates, vitamins, amino acids and dissolved gases; and laboratory equipment, namely, pumps, valves and vacuum tubing for measuring and detecting fluid movement; optical and electronic chemical sensors for extended monitoring of water quality and quantity by sensing PH, oxidation-reduction potential and dissolved oxygen; electrochemical sensors for measuring water quality parameters, namely, temperature, dissolved oxygen, conductivity, total dissolved solids and pH | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 00/00/1958 |
| FIRST USE IN COMMERCE DATE | 00/00/1958 |
| GOODS AND/OR SERVICES SECTION (3rd class)(no change) | |
| GOODS AND/OR SERVICES SECTION (4th class)(no change) | |
| GOODS AND/OR SERVICES SECTION (5th class)(no change) | |
| SIGNATURE SECTION | |
| SIGNATURE | /Kimberly Gambrel/ |
| SIGNATORY NAME | Kimberly Gambrel |
| SIGNATORY POSITION | attorney for applicant |
| SIGNATORY DATE | 04/12/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 12 12:47:51 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 0412124751196057-76551930 -200c83997e5c5477543d3c2d aaa84a592a5-N-N-200404121 24611331269 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76551930 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| The examining attorney has indicated that the specimens of use submitted with the application are unacceptable because they do not show use of the trademark on the goods. The specimens in question comprise examples of labels that are affixed to containers for the goods, all of which prominently feature the mark. Applicant respectfully submits that these are appropriate specimens of use for applicant's goods, and requests that the requirement for substitute specimens be withdrawn. | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 009 for laboratory equipment, namely, thermometers and parts thereof, namely wet bulb wicking, electronic thermometers, electronic thermometer mounting brackets, electronic thermometer recorder adaptors, temperature controllers and parts therefor, namely, relays, temperature adaptors, temperature standards instrumentation and parts therefor, namely cell adaptors, dissolved oxygen meters, dissolved oxygen meter membranes, dissolved oxygen monitors, biological oxygen monitors and parts therefor, namely, bath assemblies, oxygen sensors, lucite plungers, and stirring bars, conductivity bridges and parts therefor, namely conductivity cells, conductance meters and parts therefor, namely conductivity cells, salinity-conductivity-temperature meters, platinizing instruments, industrial analyzers and parts therefor, namely, temperature adaptors, alcohol membranes, dextrose membranes, sucrose membranes, lactose membranes, and dual injection modules, radiometers, dew point hygrometers, heat stress instruments, oxidase meters and parts therefor, namely "o" rings, "o" ring applicators, and oxidase meter membranes, process indicators, transmitters and parts therefor, namely housings and vapor windows, thermistors, platinum temperature-sensing elements, temperature probes, sheaths for probes, probe holders, probe leads, thermocouples, dew point cells and parts therefor, namely protective housings and transmitter/power supplies, pressure transducers, digital indicators, temperature indicators, signal conditioners, switch boxes, instrument cables, calibration chambers, battery and charger packs, submersible stirrers, conductivity cells, syringepets, sample trays, evaporation covers, microbeaker sample cups, and carrying cases for such equipment, blood glucose analyers, blood glucose analyzer membranes, blood lactate analyzers and parts therefor, namely waste bags, and blood lactate analyzer membranes; heat-reflecting shields for use with temperature probes used in research laboratories and medical facilities; computer software for controlling environmental water quality monitoring systems; computer software for displaying, calibrating and uploading data collected by environmental monitoring instruments and transferring it to computers; analytical instruments, namely, carbon dioxide monitors for non-medical use in the bioprocessing and fermentation industries; instrumentation for measuring and monitoring water quality and quantity; electrochemical, electrophysical and electro-optical sensors for measuring water quality and bioprocessing parameters and temperature, used in measuring, monitoring and creating analytical solutions for the global biosystems market; sensor-based, bioanalytical instruments, namely, biochemistry analyzers, monitors and probes for measuring carbohydrates, vitamins, amino acids and dissolved gasses; bioanalytical systems comprised of optical, electrochemical, potentiometric and photometric sensors for measuring carbohydrates, vitamins, amino acids and dissolved gases; and laboratory equipment, namely, pumps, valves and vacuum tubing for measuring and detecting fluid movement; optical and electronic chemical sensors for extended monitoring of water quality and quantity by sensing PH, oxidation-reduction potential and dissolved oxygen; temperature measurement devices; electrochemical sensors for measuring water quality parameters, namely, temperature, dissolved oxygen, conductivity, total dissolved solids and pH | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 009 for laboratory equipment, namely, thermometers and parts thereof, namely wet bulb wicking, electronic thermometers, electronic thermometer mounting brackets, electronic thermometer recorder adaptors, temperature controllers and parts therefor, namely, relays, temperature adaptors, temperature standards instrumentation and parts therefor, namely cell adaptors, dissolved oxygen meters, dissolved oxygen meter membranes, dissolved oxygen monitors, biological oxygen monitors and parts therefor, namely, bath assemblies, oxygen sensors, lucite plungers, and stirring bars, conductivity bridges and parts therefor, namely conductivity cells, conductance meters and parts therefor, namely conductivity cells, salinity-conductivity-temperature meters, platinizing instruments, industrial analyzers and parts therefor, namely, temperature adaptors, alcohol membranes, dextrose membranes, sucrose membranes, lactose membranes, and dual injection modules, radiometers, dew point hygrometers, heat stress instruments, oxidase meters and parts therefor, namely "o" rings, "o" ring applicators, and oxidase meter membranes, process indicators, transmitters and parts therefor, namely housings and vapor windows, thermistors, platinum temperature-sensing elements, temperature probes, sheaths for probes, probe holders, probe leads, thermocouples, dew point cells and parts therefor, namely protective housings and transmitter/power supplies, pressure transducers, digital indicators, temperature indicators, signal conditioners, switch boxes, instrument cables, calibration chambers, battery and charger packs, submersible stirrers, conductivity cells, syringepets, sample trays, evaporation covers, microbeaker sample cups, and carrying cases for such equipment, blood glucose analyers, blood glucose analyzer membranes, blood lactate analyzers and parts therefor, namely waste bags, and blood lactate analyzer membranes; heat-reflecting shields for use with temperature probes used in research laboratories and medical facilities; computer software for controlling environmental water quality monitoring systems; computer software for displaying, calibrating and uploading data collected by environmental monitoring instruments and transferring it to computers; analytical instruments, namely, carbon dioxide monitors for non-medical use in the bioprocessing and fermentation industries; instrumentation for measuring and monitoring water quality and quantity; electrochemical, electrophysical and electro-optical sensors for measuring water quality and bioprocessing parameters and temperature, used in measuring, monitoring and creating analytical solutions for the global biosystems market; sensor-based, bioanalytical instruments, namely, biochemistry analyzers, monitors and probes for measuring carbohydrates, vitamins, amino acids and dissolved gasses; bioanalytical systems comprised of optical, electrochemical, potentiometric and photometric sensors for measuring carbohydrates, vitamins, amino acids and dissolved gases; and laboratory equipment, namely, pumps, valves and vacuum tubing for measuring and detecting fluid movement; optical and electronic chemical sensors for extended monitoring of water quality and quantity by sensing PH, oxidation-reduction potential and dissolved oxygen; electrochemical sensors for measuring water quality parameters, namely, temperature, dissolved oxygen, conductivity, total dissolved solids and pH | |
| Response Signature | |
| Signature: /Kimberly Gambrel/ Date: 04/12/2004 | |
| Signatory's Name: Kimberly Gambrel | |
| Signatory's Position: attorney for applicant | |
| Serial Number: 76551930 | |
| Internet Transmission Date: Mon Apr 12 12:47:51 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004041212475119605 7-76551930-200c83997e5c5477543d3c2daaa84 a592a5-N-N-20040412124611331269 |