Response to Office Action

DELTEC

Smiths Medical ASD, 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 77887935
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Catheters and cannulae; PICC lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted ports
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/01/2008
        FIRST USE IN COMMERCE DATE At least as early as 06/01/2008
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Catheters and cannulae; PICC lines; peripherally inserted central catheter (PICC) lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted ports
FINAL DESCRIPTION
Catheters and cannulae; peripherally inserted central catheter (PICC) lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted ports
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/01/2008
       FIRST USE IN COMMERCE DATE At least as early as 06/01/2008
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 1351529, 1393140, and 2708264.
SIGNATURE SECTION
RESPONSE SIGNATURE /Julia Anne Matheson/
SIGNATORY'S NAME Julia Anne Matheson
SIGNATORY'S POSITION Attorney of record, DC bar member
DATE SIGNED 08/24/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 24 11:21:11 EDT 2010
TEAS STAMP USPTO/ROA-XX.XXX.X.X-2010
0824112111040500-77887935
-470113c30a3b43f68bce53cf
479f4b07b8a-N/A-N/A-20100
824110904562620



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. 77887935 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Catheters and cannulae; PICC lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted ports
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2008 and first used in commerce at least as early as 06/01/2008, and is now in use in such commerce.

Proposed:
Tracked Text Description: Catheters and cannulae; PICC lines; peripherally inserted central catheter (PICC) lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted portsClass 010 for Catheters and cannulae; peripherally inserted central catheter (PICC) lines; venous catheters; needles for medical use; implantable infusion ports and devices for accessing implanted ports
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2008 and first used in commerce at least as early as 06/01/2008, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 1351529, 1393140, and 2708264.

SIGNATURE(S)
Response Signature
Signature: /Julia Anne Matheson/     Date: 08/24/2010
Signatory's Name: Julia Anne Matheson
Signatory's Position: Attorney of record, DC bar member

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: 77887935
Internet Transmission Date: Tue Aug 24 11:21:11 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2010082411211104050
0-77887935-470113c30a3b43f68bce53cf479f4
b07b8a-N/A-N/A-20100824110904562620



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