PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76690425 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION (no change) |
ARGUMENT(S) |
Commissioner For Trademarks
United States Patent and Trademark Office
P.O. Box 1451
Alexandria, VA 22313-1451
Sir:
This correspondence is responsive to the Office Action mailed on October 2, 2008.
I. IDENTIFICATION OF GOODS.
The Examining Attorney has indicated that the identification of goods
contains wording which is unacceptable as indefinite. More specifically, the Examining Attorney has indicated that the word "system" and the word "accessories" are each indefinite and must be
clarified to set forth the common or generic terms for the goods. Applicant does not wish to include specific goods beyond those already identified in the
identification of goods. Accordingly, Applicant submits herewith a revised identification of goods consistent with that position.
Applicant considers the foregoing amendment accurate. Accordingly, please amend the identification of goods for the Application to read
as follows:
"Class 10: Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders specifically
modified to accommodate the wear and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices, comprising
namely, batteries, device display monitors, device display microprocessors, and battery chargers, for medical use."
II. REMARKS.
Applicant has amended the identification of goods in its Application as
requested by the Examining Attorney.
If the Examining Attorney requires any additional documentation or has any
other questions, he is urged to contact the undersigned attorney. Applicant respectfully requests that the mark be passed to publication in the Official Gazette, for
registration on the Principal Register, at the Examining Attorney's earliest convenience.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants, suspenders and additional garments and
accessories which accommodate the wear and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices, namely,
batteries, device display monitors, device display microprocessors, and battery chargers, for medical use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants, suspenders
and additional garments and accessories which accommodate the wear and transport of the external system components of heart assist devices, for medical use; Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders specifically modified to accommodate the wear and transport of the external system
components of heart assist devices, for medical use; wearable external system components of heart assist devices, namely, batteries, device display monitors,
device display microprocessors, and battery chargers, for medical use; wearable external system components of heart assist devices, comprising namely,
batteries, device display monitors, device display microprocessors, and battery chargers, for medical use. |
FINAL DESCRIPTION |
Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders specifically modified to
accommodate the wear and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices, comprising namely,
batteries, device display monitors, device display microprocessors, and battery chargers, for medical use. |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/mdk/ |
SIGNATORY'S NAME |
Michelle D. Kahn |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
03/17/2009 |
RESPONSE SIGNATURE |
/mdk/ |
SIGNATORY'S NAME |
Michelle D. Kahn |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
03/17/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 17 13:27:00 EDT 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20090317132700098005-7669
0425-4302a224d75cf5f3ffd7
78ad84dd0502192-N/A-N/A-2
0090317123840237285 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76690425 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Commissioner For Trademarks
United States Patent and Trademark Office
P.O. Box 1451
Alexandria, VA 22313-1451
Sir:
This correspondence is responsive to the Office Action mailed on October 2, 2008.
I. IDENTIFICATION OF GOODS.
The Examining Attorney has indicated that the identification of goods
contains wording which is unacceptable as indefinite. More specifically, the Examining Attorney has indicated that the word "system" and the word "accessories" are each indefinite and must be
clarified to set forth the common or generic terms for the goods. Applicant does not wish to include specific goods beyond those already identified in the
identification of goods. Accordingly, Applicant submits herewith a revised identification of goods consistent with that position.
Applicant considers the foregoing amendment accurate. Accordingly, please amend the identification of goods for the Application to read
as follows:
"Class 10: Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders specifically
modified to accommodate the wear and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices, comprising
namely, batteries, device display monitors, device display microprocessors, and battery chargers, for medical use."
II. REMARKS.
Applicant has amended the identification of goods in its Application as
requested by the Examining Attorney.
If the Examining Attorney requires any additional documentation or has any
other questions, he is urged to contact the undersigned attorney. Applicant respectfully requests that the mark be passed to publication in the Official Gazette, for
registration on the Principal Register, at the Examining Attorney's earliest convenience.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants, suspenders and additional garments and accessories which accommodate the wear
and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices, namely, batteries, device display monitors,
device display microprocessors, and battery chargers, for medical use
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Proposed:
Tracked Text Description: Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants, suspenders and additional garments and
accessories which accommodate the wear and transport of the external system components of heart assist devices, for medical use;
Cardiovascular health care
products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders specifically modified to accommodate the wear and transport of the external system components of heart assist devices,
for medical use;
wearable external system components of heart assist devices, namely, batteries, device display monitors, device display microprocessors, and
battery chargers, for medical use;
wearable external system components of heart assist devices, comprising namely, batteries, device display monitors, device
display microprocessors, and battery chargers, for medical use.Class 010 for Cardiovascular health care products, namely, bags, backpacks, vests, belts, shirts, pants and suspenders
specifically modified to accommodate the wear and transport of the external system components of heart assist devices, for medical use; wearable external system components of heart assist devices,
comprising namely, batteries, device display monitors, device display microprocessors, and battery chargers, for medical use.
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection
with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing
date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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 any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the
trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of
his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as
to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted
unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission
made on information and belief are believed to be true.
Signature: /mdk/ Date: 03/17/2009
Signatory's Name: Michelle D. Kahn
Signatory's Position: Attorney of Record
Response Signature
Signature: /mdk/ Date: 03/17/2009
Signatory's Name: Michelle D. Kahn
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: 76690425
Internet Transmission Date: Tue Mar 17 13:27:00 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200903171327000
98005-76690425-4302a224d75cf5f3ffd778ad8
4dd0502192-N/A-N/A-20090317123840237285