Section 7 Request

IASSIST

Toshiba Medical Systems Corporation

Section 7 Request Form

PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 12/31/2011)

Section 7 Request Form


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 3510344
LAW OFFICE ASSIGNED LAW OFFICE 109
SERIAL NUMBER 76609005
MARK SECTION (current)
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT IASSIST
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
IDENTIFICATION
Computer programs for ultrasonic * imaging * diagnostic apparatus for medical use, namely, software for wireless communication with ultrasound * imaging * machines, for remote operation and control of ultrasound machines, for defining and activating ultrasonic diagnostic examination protocols, and for recording medical images, excluding mother and baby assessment and monitoring patients
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 4651981
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
03/07/2003
       FOREIGN EXPIRATION DATE 03/07/2013
        STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
IDENTIFICATION
Computer programs for ultrasonic imaging diagnostic apparatus for medical use, namely, software for wireless communication with ultrasound machines, for remote operation and control of ultrasound imaging machines, for defining and activating ultrasonic imaging diagnostic examination protocols, and for recording medical images, excluding mother and baby assessment and monitoring patients
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 4651981
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
03/07/2003
       FOREIGN EXPIRATION DATE 03/07/2013
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
IDENTIFICATION
Ultra-sonic diagnostic apparatus for medical use, namely, remote control devices for operating and controlling ultrasonic * imaging * machines, sold as a unit with ultrasonic diagnostic imaging machines, excluding mother and baby assessment and monitoring patients
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 4929550
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/17/2006
       FOREIGN EXPIRATION DATE 02/17/2016
        STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
IDENTIFICATION
Ultra-sonic imaging diagnostic apparatus for medical use, namely, remote control devices for operating and controlling ultrasonic imaging machines, sold as a unit with ultrasonic diagnostic imaging machines, excluding mother and baby assessment and monitoring patients
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 4929550
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
02/17/2006
       FOREIGN EXPIRATION DATE 02/17/2016
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT A Stipulated Amendment Of Application And Withdrawal Of Opposition With Prejudice was filed with the Trademark Trial and Appeal Board on August 19, 2008. The description of goods as registered did not match the description of goods in the Stipulated Amendment. Applicant respectfully requested correction of the description of goods on November 13, 2008. The USPTO issued a corrected certificate of registration which was published in the Official Gazette on June 9, 2009. The corrected certificate of registration still has errors in the description of goods. Application respectfully requests correction of the description of goods.
PAYMENT SECTION
TOTAL FEES DUE The filing Attorney has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice.
SIGNATURE SECTION
DECLARATION SIGNATURE /Lynn M. Jordan/
SIGNATORY'S NAME Lynn M. Jordan
SIGNATORY'S POSITION Attorney for Registrant, D.C. bar member
DATE SIGNED 08/06/2009
REQUEST SIGNATURE /Lynn M. Jordan/
SIGNATORY'S NAME Lynn M. Jordan
SIGNATORY'S POSITION Attorney for Registrant, a D.C. bar member
DATE SIGNED 08/06/2009
AUTHORIZED SIGNATORY YES
CONCURRENT § 8, 8 &15, OR 8 &9 FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Thu Aug 06 11:43:09 EDT 2009
TEAS STAMP USPTO/S7R-XX.XXX.X.X-2009
0806114309912419-3510344-
430185f3ad6bd3e9096ca8559
d5e61ba-N/A-N/A-200908060
94421586753



PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 12/31/2011)

Section 7 Request Form


To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 3510344

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer programs for ultrasonic * imaging * diagnostic apparatus for medical use, namely, software for wireless communication with ultrasound * imaging * machines, for remote operation and control of ultrasound machines, for defining and activating ultrasonic diagnostic examination protocols, and for recording medical images, excluding mother and baby assessment and monitoring patients
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Registrant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Japan registration number 4651981 registered 03/07/2003 with a renewal date of __________ and an expiration date of 03/07/2013 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 009 for Computer programs for ultrasonic imaging diagnostic apparatus for medical use, namely, software for wireless communication with ultrasound machines, for remote operation and control of ultrasound imaging machines, for defining and activating ultrasonic imaging diagnostic examination protocols, and for recording medical images, excluding mother and baby assessment and monitoring patients
Filing Basis: Section 44(e), Based on Foreign Registration: Registrant 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 [ Japan registration number 4651981 registered 03/07/2003 with a renewal date of __________ and an expiration date of 03/07/2013 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Registrant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Ultra-sonic diagnostic apparatus for medical use, namely, remote control devices for operating and controlling ultrasonic * imaging * machines, sold as a unit with ultrasonic diagnostic imaging machines, excluding mother and baby assessment and monitoring patients
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Registrant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Japan registration number 4929550 registered 02/17/2006 with a renewal date of __________ and an expiration date of 02/17/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 010 for Ultra-sonic imaging diagnostic apparatus for medical use, namely, remote control devices for operating and controlling ultrasonic imaging machines, sold as a unit with ultrasonic diagnostic imaging machines, excluding mother and baby assessment and monitoring patients
Filing Basis: Section 44(e), Based on Foreign Registration: Registrant 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 [ Japan registration number 4929550 registered 02/17/2006 with a renewal date of __________ and an expiration date of 02/17/2016 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
A Stipulated Amendment Of Application And Withdrawal Of Opposition With Prejudice was filed with the Trademark Trial and Appeal Board on August 19, 2008. The description of goods as registered did not match the description of goods in the Stipulated Amendment. Applicant respectfully requested correction of the description of goods on November 13, 2008. The USPTO issued a corrected certificate of registration which was published in the Official Gazette on June 9, 2009. The corrected certificate of registration still has errors in the description of goods. Application respectfully requests correction of the description of goods.


I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner. I understand that the Office may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
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 document or any resulting registration, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Lynn M. Jordan/      Date: 08/06/2009
Signatory's Name: Lynn M. Jordan
Signatory's Position: Attorney for Registrant, D.C. bar member

Request Signature
Signature: /Lynn M. Jordan/     Date: 08/06/2009
Signatory's Name: Lynn M. Jordan
Signatory's Position: Attorney for Registrant, a D.C. bar member

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 registrant'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 registrant in this matter: (1) the registrant 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 registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant'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.

The applicant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

        
Serial Number: 76609005
Internet Transmission Date: Thu Aug 06 11:43:09 EDT 2009
TEAS Stamp: USPTO/S7R-XX.XXX.X.X-2009080611430991241
9-3510344-430185f3ad6bd3e9096ca8559d5e61
ba-N/A-N/A-20090806094421586753


Section 7 Request [image/jpeg]


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