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