Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 77408737 has been amended as follows:

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

The Examining Attorney stated that only individual attorneys may represent others before the USPTO, therefore, Applicant must list the names of the attorneys in the firm/department who represent applicant in this application.

 

Under T.M.E.P. §601, the owner of a mark may file and prosecute his or her own application for registration of the mark.  Medtronic, Inc. is filing and prosecuting its own application for registration.  

 

As a result, Applicant respectfully requests that the Examining Attorney withdraw her request for named individual attorneys to prosecute this Application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for medical devices and accessories, including stents, stent graft and stent graft delivery catheter for use in abdominal aortic aneurysm procedures
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: Class 010 for medical devices and accessories, namely, stents, stent graft and stent graft delivery catheter for use in abdominal aortic aneurysm procedures
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
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 J. Jaro/     Date: 05/07/2008
Signatory's Name: Michael J. Jaro
Signatory's Position: Vice President and Chief Patent Counsel

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77408737
Internet Transmission Date: Wed May 07 12:09:25 EDT 2008
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200805071209256
22231-77408737-42035569592587a712af17742
ff904b99cf-N/A-N/A-20080507120622829073