Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 78675669 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 010 for House mark for a full line of medical and surgical products, equipment and supplies, namely patient apparel consisting of bibs, gowns, capes, drapes, slippers, examination table sheets; medical staff apparel consisting of shoe covers, head covers and masks; bags for medical waste and bags for medical linen and laundry; diagnostic equipment, namely sphygmomanometers and replacement parts therefore, stethoscopes, blood glucose monitors, lancets and test strips, penlights for medical use, thermometers and thermometer sheaths, specula and cervical scrapers; ECG mounts, ECG paper, high frequency desiccators, electrodes, surgical cauteries; aspirators and compressors and filters; commodes, IV stands and armboards, safety grab bars, shower chairs and transfer benches; operating room and examination room equipment, namely lights, instrument tables and stands, buckets, stools, chairs, utility carts, equipment covers, medical chart holders, mirrors, table and counter paper, hamper stands, waste cans, odor neutralizing preparations; gloves for medical use; instruments for medical and surgical use, namely, clamps, forceps, nail nippers, needle holders, percussion hammers, probes and extractors, retractors, scalpel handles, scissors, specula, uterine sounds, ring cutters; medical and surgical kits and trays, namely, catheter trays, syringes, irrigation trays, dressing change trays, IV start kits, laceration trays, suture removal kits, tracheostomy trays, shroud kits and cadaver bags; tongue depressors, medicine cups, denture cups, tourniquets; orthopedic patient aids, namely support belts, canes, crutches, walkers and walker accessories; elastic stockings for medical purposes, bedpans, urinals, sitz baths; x-ray film and medical x-ray apparatus; medical sterilization pouches and dust covers; equipment drapes, sterile fields, sponges, towels; pillows for medical use; specimen collection containers; bandages, pads, tape and sponges for medical and surgical use
Original Filing Basis: 1(a).
Proposed: Class 010 for House mark for a full line of medical and surgical products, equipment and supplies, namely patient apparel consisting of bibs, gowns, capes, drapes, slippers; examination table sheets; medical staff apparel consisting of shoe covers, head covers and masks; containers for medical waste; diagnostic equipment, namely sphygmomanometers and replacement parts therefor, stethoscopes, blood glucose monitors, lancets, penlights for medical use, thermometers and thermometer sheaths, specula and cervical scrapers, ECG mounts, high frequency desiccators, medical electrodes, surgical cauteries, aspirators and compressors and filters, commodes, IV stands and armboards; operating room and examination room equipment, namely lights, instrument tables and stands, medical patient treatment chairs, equipment covers, medical chart holders, surgical mirrors, medical and surgical examination table and counter paper; gloves for medical use; instruments for medical and surgical use, namely, clamps, forceps, nail nippers, needle holders, percussion hammers, probes and extractors, retractors, scalpel handles, scissors, specula, uterine sounds, ring cutters; medical and surgical kits and trays, namely, catheter trays, syringes, irrigation trays, dressing change trays, IV start kits, laceration trays, suture removal kits, tracheostomy trays, shroud kits; tongue depressors, medicine cups, denture cups; orthopedic patient aids, namely support belts, canes, crutches, walkers and walker accessories; elastic stockings for medical purposes; bedpans; urinals; x-ray film and medical x-ray apparatus; medical sterilization pouches and dust covers; equipment drapes, sterile fields, surgical sponges; pillows for medical use; specimen collection containers
Filing Basis: 1(a).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 005 for Medical diagnostic test strips for use in the field of diabetes; adhesive bandages, bandages for skin wounds, tourniquets, dressings for wounds, burns and surgery, medical adhesive tape; odor neturalizing preparations for use in medical exam rooms to neutralize odors in the air.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 005.
The specimen(s) submitted consists of a photograph of the packaging for blood glucose test strips.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Applicant hereby adds the following class of goods/services to the application:
New:
Class 006 for Metal safety grab bars for bathtub or shower.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 011 for Sitz baths.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 012 for Wheel chairs; hospital carts.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 012.
The specimen(s) submitted consists of The cover of the McKesson Brand catalog, showing a photo of the goods and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Applicant hereby adds the following class of goods/services to the application:
New:
Class 016 for ECG paper
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 016.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 020 for Shower chairs and transfer benches for use in using the bathtub or shower; hampers and hamper stands; stools.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 020.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 021 for Buckets; trash cans.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 021.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 022 for Cadaver bags; bags for medical linen and laundry.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 022.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Applicant hereby adds the following class of goods/services to the application:
New:
Class 024 for Towels.
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 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 024.
The specimen(s) submitted consists of a page from the McKesson Brand catalog showing a photo of the goods, the cover of the catalog and the inside cover from the catalog which contains ordering information..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Additional Statements

Applicant has submitted specimens that are acceptable under TMEP Section 904.06(a).

Fees
Fee(s) in the amount of $2925 is being submitted.


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: /ninasteinman/      Date: 08/07/2006
Signatory's Name: Nina Steinman
Signatory's Position: Assistant Secretary

Response Signature
Signature: /ninasteinman/     Date: 08/07/2006
Signatory's Name: Nina Steinman
Signatory's Position: Assistant Secretary
        
RAM Sale Number: 1052
RAM Accounting Date: 08/08/2006
        
Serial Number: 78675669
Internet Transmission Date: Mon Aug 07 20:23:17 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20060807202317
175059-78675669-34076477eb72842dca9cdc3d
71912684ae-CC-1052-20060807191939072283