Response to Office Action

ROTECH

Response to Office Action

PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78192521
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Medical staff recruitment and placement services; medical staffing services, namely, recruitment and placement of nurses, nurses' aides, paramedics, emergency medical technicians, physicians and other healthcare professionals and medical specialists; Retail sales of medical equipment and apparatus, namely, resuscitation equipment, nebulisers, portable oxygen systems and respiratory systems, masks, nasal pillows, tubing, head gear, filters, wheelchairs, scooters, walkers, canes, hospital beds, lift chairs and recliners, patient lifts and slings, and therapeutic and pressure relief mattresses
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 03/26/2002
        FIRST USE IN COMMERCE DATE 03/26/2002
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
Medical staff recruitment and placement services; medical staffing services, namely, recruitment and placement of nurses, nurses' aides, paramedics, emergency medical technicians, physicians and other healthcare professionals and medical specialists; distributorship services in the field of respiratory and durable medical equipment and apparatus, namely, resuscitation equipment, nebulisers, portable oxygen systems and respiratory systems, masks, nasal pillows, tubing, head gear, filters, wheelchairs, scooters, walkers, canes, hospital beds, lift chairs and recliners, patient lifts and slings, and therapeutic and pressure relief mattresses
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 03/26/2002
        FIRST USE IN COMMERCE DATE 03/26/2002
SIGNATURE SECTION
SIGNATURE /Monica B. Richman/
SIGNATORY NAME Monica B. Richman
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 04/30/2004
SIGNATURE /Monica B. Richman/
SIGNATORY NAME Monica B. Richman
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 04/30/2004
FILING INFORMATION SECTION
SUBMIT DATE Mon May 03 17:16:41 EDT 2004
TEAS STAMP USPTO/OA-XXXXXXXXX-200405
03171641027122-78192521-2
00f821c07b0bc364e6bb52486
edbede85-N-N-200405031715
19377662



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 78192521 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 035 for Medical staff recruitment and placement services; medical staffing services, namely, recruitment and placement of nurses, nurses' aides, paramedics, emergency medical technicians, physicians and other healthcare professionals and medical specialists; Retail sales of medical equipment and apparatus, namely, resuscitation equipment, nebulisers, portable oxygen systems and respiratory systems, masks, nasal pillows, tubing, head gear, filters, wheelchairs, scooters, walkers, canes, hospital beds, lift chairs and recliners, patient lifts and slings, and therapeutic and pressure relief mattresses
Original Filing Basis: 1(a).
Proposed: Class 035 for Medical staff recruitment and placement services; medical staffing services, namely, recruitment and placement of nurses, nurses' aides, paramedics, emergency medical technicians, physicians and other healthcare professionals and medical specialists; distributorship services in the field of respiratory and durable medical equipment and apparatus, namely, resuscitation equipment, nebulisers, portable oxygen systems and respiratory systems, masks, nasal pillows, tubing, head gear, filters, wheelchairs, scooters, walkers, canes, hospital beds, lift chairs and recliners, patient lifts and slings, and therapeutic and pressure relief mattresses
Declaration Signature
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. Section 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 amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response.
        
Signature: /Monica B. Richman/      Date: 04/30/2004
Signatory's Name: Monica B. Richman
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Monica B. Richman/     Date: 04/30/2004
Signatory's Name: Monica B. Richman
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 78192521
Internet Transmission Date: Mon May 03 17:16:41 EDT 2004
TEAS Stamp: USPTO/OA-XXXXXXXXX-20040503171641027122-
78192521-200f821c07b0bc364e6bb52486edbed
e85-N-N-20040503171519377662




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