TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 76581218 has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

EVIDENCE
Evidence in the nature of By this Amendment, Applicant has amended its application to delete the Section 44(d) filing basis, electing to allow the same to proceed solely on the basis of actual use within the United States, which was established by means of an Amendment to Allege Use filed February 4, 2008. It is believed that, in view of the above, the application herein is now in complete condition for acceptance. Accordingly, Applicant respectfully solicits that the mark be passed to publication in due course. Respectfully submitted, has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical irradiation devices for treating blood, blood products and blood components
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2004 and first used in commerce at least as early as 02/13/2004, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1,197,515 filed 11/19/2003]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 010 for Medical irradiation devices for treating blood, blood products and blood components
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2004 and first used in commerce at least as early as 02/13/2004, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation, maintenance and repair of medical irradiation devices
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2004 and first used in commerce at least as early as 02/13/2004, and is now in use in such commerce.

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 037 for Installation, maintenance and repair of medical irradiation devices
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2004 and first used in commerce at least as early as 02/13/2004, and is now in use in such commerce.
FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Maureen C. Kassner/     Date: 05/13/2008
Signatory's Name: Maureen C.Kassner
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 74
RAM Accounting Date: 05/14/2008
        
Serial Number: 76581218
Internet Transmission Date: Tue May 13 14:44:44 EDT 2008
TEAS Stamp: USPTO/POA-XXX.XXX.XXX.X-2008051314444456
7884-76581218-420924eea404dbb35f74226ad5
11d25c5ee-DA-74-20080513142938261981