Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78481887 has been 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 001 for A full line of in vitro diagnostic agents, namely, reagents, control solutions for calibrating and monitoring the accuracy and function of instruments and test results, additives, enzymes, organisms and proteins for use in science, research and industry
Original Filing Basis: 1(b).
Proposed: Class 001 for A full line of in vitro diagnostic agents, namely, reagents, control solutions for calibrating and monitoring the accuracy and function of instruments and test results, additives, enzymes, organisms and proteins for use in science, research and industry
Filing Basis: 1(b).
Applicant hereby submits amended dates of use:   The mark was first used at least as early as 07/01/2006 and first used in commerce at least as early as 07/01/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 001.
The specimen(s) submitted consists of scanned images of product labels.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen File1
Specimen File2

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 005 for A full line of agents for medical and veterinary purposes, namely, reagents, solutions and test strips for the analysis of biological samples for diagnostic purposes
Original Filing Basis: 1(b).
Proposed: Class 005 for A full line of agents for medical and veterinary purposes, namely, reagents, solutions and test strips for the analysis of biological samples for diagnostic purposes
Filing Basis: 1(b).
Applicant hereby submits amended dates of use:   The mark was first used at least as early as 07/01/2006 and first used in commerce at least as early as 07/01/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 005.
The specimen(s) submitted consists of scanned images of product labels.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen File1
Specimen File2

Additional Statements

"Full Line" Evidence Required - classes 1 and 5 To Satisfay this requirement, Applicant submits herewith additional evidence showing broad use of the mark for a variety of goods.

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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 application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /dmy/      Date: 05/24/2007
Signatory's Name: D. Michael Young
Signatory's Position: Vice President and Attorney for Applicant

Response Signature
Signature: /dmy/     Date: 05/24/2007
Signatory's Name: D. Michael Young
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: 78481887
Internet Transmission Date: Thu May 24 12:03:39 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200705241203395
71555-78481887-37032860cc6bdf498eff9fb5d
892328acf-N/A-N/A-20070524114617464498