Response to Office Action

COCHLEAR

COCHLEAR LIMITED

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76656230
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION (no change)
ARGUMENT(S)

The Examiner has maintained his refusal on the grounds that the term "COCHLEAR" merely describes a feature of the good, namely, that the Applicant’s devices are used in connection with the cochlear.  In response to the outstanding refusal, Applicant disclaim the wording "COCHLEAR" apart from the mark. To comply with Examining Attorney’s requirement, Applicant submits the following disclaimer:

 

 No claim is made to the exclusive right to use "COCHLEAR" apart from the mark as shown.

 

In addition, the Examiner has maintained his refusal of the identification of goods.  Applicant has amended the identification of goods to comply with the Examiner's instruction.

 

In view of the foregoing, it is respectfully submitted that Applicant has complied with the outstanding requirements of the pending Office Action and that this application is in condition for allowance, and favorable action is respectfully solicited.

GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Surgical instruments for use in the implantation of prosthetic hearing devices and components thereof; medical electronic apparatus, namely, implantable prosthetic hearing devices, associated accessories and monitoring equipment; namely, programmable prosthetic hearing implants, multi-channel implantable hearing prosthesis, interface devices for programming prosthetic hearing implants via computer, medical electrode arrays and medical promontory stimulators
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/01/1997
        FIRST USE IN COMMERCE DATE At least as early as 03/01/1998
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 010
DESCRIPTION
Surgical instruments for use in the implantation of prosthetic hearing devices and components thereof; medical electronic apparatus, namely, implantable prosthetic hearing devices, associated accessories and monitoring equipment, namely, programmable prosthetic hearing implants, multi-channel implantable hearing prosthesis, interface devices for programming prosthetic hearing implants via computer, medical electrode arrays and medical promontory stimulators
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/01/1997
       FIRST USE IN COMMERCE DATE At least as early as 03/01/1998
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Michael G. Verga/
SIGNATORY'S NAME Michael G. Verga
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 11/07/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 07 15:19:58 EST 2007
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
071107151958750211-766562
30-400894e607bc47eb8b9bd7
6f7f88eac6b-N/A-N/A-20071
107151447031262



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76656230 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has maintained his refusal on the grounds that the term "COCHLEAR" merely describes a feature of the good, namely, that the Applicant’s devices are used in connection with the cochlear.  In response to the outstanding refusal, Applicant disclaim the wording "COCHLEAR" apart from the mark. To comply with Examining Attorney’s requirement, Applicant submits the following disclaimer:

 

 No claim is made to the exclusive right to use "COCHLEAR" apart from the mark as shown.

 

In addition, the Examiner has maintained his refusal of the identification of goods.  Applicant has amended the identification of goods to comply with the Examiner's instruction.

 

In view of the foregoing, it is respectfully submitted that Applicant has complied with the outstanding requirements of the pending Office Action and that this application is in condition for allowance, and favorable action is respectfully solicited.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical instruments for use in the implantation of prosthetic hearing devices and components thereof; medical electronic apparatus, namely, implantable prosthetic hearing devices, associated accessories and monitoring equipment; namely, programmable prosthetic hearing implants, multi-channel implantable hearing prosthesis, interface devices for programming prosthetic hearing implants via computer, medical electrode arrays and medical promontory stimulators
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 02/01/1997 and first used in commerce at least as early as 03/01/1998, and is now in use in such commerce.

Proposed: Class 010 for Surgical instruments for use in the implantation of prosthetic hearing devices and components thereof; medical electronic apparatus, namely, implantable prosthetic hearing devices, associated accessories and monitoring equipment, namely, programmable prosthetic hearing implants, multi-channel implantable hearing prosthesis, interface devices for programming prosthetic hearing implants via computer, medical electrode arrays and medical promontory stimulators
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 02/01/1997 and first used in commerce at least as early as 03/01/1998, and is now in use in such commerce.
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: /Michael G. Verga/     Date: 11/07/2007
Signatory's Name: Michael G. Verga
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.

        
Serial Number: 76656230
Internet Transmission Date: Wed Nov 07 15:19:58 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20071107151958750
211-76656230-400894e607bc47eb8b9bd76f7f8
8eac6b-N/A-N/A-20071107151447031262



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed