Response to Office Action

VITEK

bioMérieux, Inc.

Response to Office Action

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 77531903
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION (no change)
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) Applicant claims ownership of U.S. Registration Number(s) 1674038.
MISCELLANEOUS STATEMENT Applicant does not, at this time, wish to present evidence or arguments in response to either the Section 2(d) refusal or the citation of the marks shown in Serial Nos. 79/059338 and 79/043404 as potential bars to the registration of Applicant's mark, but instead wishes to reserve the right to do so pending the final disposition of those third party applications. Further, Applicant wishes to maintain the breadth of its original goods description until it can be determined whether the cited, pending applications will mature to registration, and Applicant therefore does not wish to revise its goods description at this time either. Accordingly, Applicant requests suspension of this application pending the final disposition of the cited, pending applications.
SIGNATURE SECTION
RESPONSE SIGNATURE /Andrea Anderson/
SIGNATORY'S NAME Andrea Anderson
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 04/30/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Apr 30 13:23:41 EDT 2009
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
090430132341448847-775319
03-4302050ce3862dbafa32ca
8c1b4f390ccf0-N/A-N/A-200
90430132221459406



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. 77531903 has been amended as follows:

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 1674038.

Applicant does not, at this time, wish to present evidence or arguments in response to either the Section 2(d) refusal or the citation of the marks shown in Serial Nos. 79/059338 and 79/043404 as potential bars to the registration of Applicant's mark, but instead wishes to reserve the right to do so pending the final disposition of those third party applications. Further, Applicant wishes to maintain the breadth of its original goods description until it can be determined whether the cited, pending applications will mature to registration, and Applicant therefore does not wish to revise its goods description at this time either. Accordingly, Applicant requests suspension of this application pending the final disposition of the cited, pending applications.

SIGNATURE(S)
Response Signature
Signature: /Andrea Anderson/     Date: 04/30/2009
Signatory's Name: Andrea Anderson
Signatory's Position: Attorney for Applicant

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: 77531903
Internet Transmission Date: Thu Apr 30 13:23:41 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20090430132341448
847-77531903-4302050ce3862dbafa32ca8c1b4
f390ccf0-N/A-N/A-20090430132221459406



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