Response to Office Action

BAKER CELL

MCKESSON AUTOMATION SYSTEMS INC.

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 78199029
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
automated storage and retrieval system for storing an dispensing medication in a pharmacy
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 12/31/1993
        FIRST USE IN COMMERCE DATE 12/31/1993
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Automated storage and retrieval systems for storing and dispensing medicine, namely, automated dispensers for pills or capsules sold empty and cabinets to hold the dispensers, counting heads in the nature of a mechanical device that releases pills and capsules from the dispenser into a chute and computer hardware and software to operate the dispensers, all of the foregoing sold together as a unit in class 9
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 12/31/1993
        FIRST USE IN COMMERCE DATE 12/31/1993
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use CELL apart from the mark as shown.
MISCELLANEOUS STATEMENT Applicant has used a description of goods from Registration No. 2,777,905, also owned by Applicant. The registration for that mark, BAKER CASSETTE is for goods that are similar in nature to the subject mark, BAKER CELL, and Applicant believes that description is accurate for the subject application. Applicant has submitted documents to assign this application to a wholly-owned subsidiary, McKesson Automation Systems Inc., but has not received recording particulars. The signatory to this filing is an officer of both original applicant and assignee.
SIGNATURE SECTION
SIGNATURE /glenettebabb/
SIGNATORY NAME Glenette Babb
SIGNATORY POSITION Assistant Secretary
SIGNATORY DATE 12/23/2003
SIGNATURE /glenettebabb/
SIGNATORY NAME Glenette Babb
SIGNATORY POSITION Assistant Secretary
SIGNATORY DATE 12/23/2003
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 23 19:28:08 EST 2003
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2003
1223192808408133-78199029
-2009fdc7f8637fe463b7215e
f9556a1019-N-N-2003122319
2414476697



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. 78199029 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 009 for automated storage and retrieval system for storing an dispensing medication in a pharmacy
Original Filing Basis: 1(a).
Proposed: Class 009 for Automated storage and retrieval systems for storing and dispensing medicine, namely, automated dispensers for pills or capsules sold empty and cabinets to hold the dispensers, counting heads in the nature of a mechanical device that releases pills and capsules from the dispenser into a chute and computer hardware and software to operate the dispensers, all of the foregoing sold together as a unit in class 9
 
Additional Statements
No claim is made to the exclusive right to use CELL apart from the mark as shown.
Applicant has used a description of goods from Registration No. 2,777,905, also owned by Applicant. The registration for that mark, BAKER CASSETTE is for goods that are similar in nature to the subject mark, BAKER CELL, and Applicant believes that description is accurate for the subject application. Applicant has submitted documents to assign this application to a wholly-owned subsidiary, McKesson Automation Systems Inc., but has not received recording particulars. The signatory to this filing is an officer of both original applicant and assignee.
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: /glenettebabb/      Date: 12/23/2003
Signatory's Name: Glenette Babb
Signatory's Position: Assistant Secretary
        
Response Signature
        
Signature: /glenettebabb/     Date: 12/23/2003
Signatory's Name: Glenette Babb
Signatory's Position: Assistant Secretary
        
        
        
Serial Number: 78199029
Internet Transmission Date: Tue Dec 23 19:28:08 EST 2003
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2003122319280840813
3-78199029-2009fdc7f8637fe463b7215ef9556
a1019-N-N-20031223192414476697




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