| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77606146 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
This is in response to the Office Action dated February 5, 2009. Applicant notes the favorable search results that identified no registrations or pending applications that would bar registration of the subject mark. Claim of Ownership The Office Action states that applicant must claim ownership of its U.S. Registration Nos. 0578857, 1930566, 2851045, and 3548244. Applicant has herein amended the application to include the requisite claim of ownership. Identification of Goods The Office Action states that the identification of goods is indefinite and must be clarified and that the application contains goods in multiple international classes. Applicant has herein amended the application to delete lab coats for employees and patients in the healthcare industry and has clarified the remainder of the identification of goods in accordance with the recommendation of the Office Action. The Declaration filed with the subject application erroneously stated that Applicant was using the applied-for mark in commerce in connection with lab coats. To correct this error, Applicant herein submits a replacement Declaration, listing only the goods in connection with which the applied-for mark is currently in use. Multiple Class Requirements Applicant has amended the identification of goods such that only one class of goods is covered by the application. Thus, Applicant respectfully submits that no additional fee is now due.
|
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 010 |
| DESCRIPTION | |
| Men's and women's washable or cleanable apparel and uniforms, namely, scrubs and lab coats, for employees and patients in the healthcare industry | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 04/30/2005 |
| FIRST USE IN COMMERCE DATE | At least as early as 04/30/2005 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 010 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Men's and women's washable or cleanable apparel and uniforms, namely, medical scrub tops and medical scrub pants for employees and patients in the healthcare industry | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 04/30/2005 |
| FIRST USE IN COMMERCE DATE | At least as early as 04/30/2005 |
| ADDITIONAL STATEMENTS SECTION | |
| PRIOR REGISTRATION(S) | Applicant claims ownership of U.S. Registration Number(s) 0578857, 1930566, 2851045 and others. |
| SIGNATURE SECTION | |
| ORIGINAL PDF FILE | HS_637747130-114401160_._Signed_Declaration.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT7\IMAGEOUT7\776\061\77606146\xml1\ROA0002.JPG |
| SIGNATORY'S NAME | James Forlini |
| SIGNATORY'S POSITION | Vice President, Purchasing |
| RESPONSE SIGNATURE | /Tiffany L. Schwartz/ |
| SIGNATORY'S NAME | Tiffany L. Schwartz |
| SIGNATORY'S POSITION | Attorney of Record, Missouri Bar Member |
| DATE SIGNED | 08/04/2009 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Aug 04 11:50:00 EDT 2009 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.XXX-20 090804115000097267-776061 46-430bfca84eb90e99f42849 4cb676f651d43-N/A-N/A-200 90804114401160176 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
This is in response to the Office Action dated February 5, 2009. Applicant notes the favorable search results that identified no registrations or pending applications that would bar registration of the subject mark.
Claim of Ownership
The Office Action states that applicant must claim ownership of its U.S. Registration Nos. 0578857, 1930566, 2851045, and 3548244. Applicant has herein amended the application to include the requisite claim of ownership.
Identification of Goods
The Office Action states that the identification of goods is indefinite and must be clarified and that the application contains goods in multiple international classes. Applicant has herein amended the application to delete lab coats for employees and patients in the healthcare industry and has clarified the remainder of the identification of goods in accordance with the recommendation of the Office Action.
The Declaration filed with the subject application erroneously stated that Applicant was using the applied-for mark in commerce in connection with lab coats. To correct this error, Applicant herein submits a replacement Declaration, listing only the goods in connection with which the applied-for mark is currently in use.
Multiple Class Requirements
Applicant has amended the identification of goods such that only one class of goods is covered by the application. Thus, Applicant respectfully submits that no additional fee is now due.
