PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
78675669 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (005)(no change) |
GOODS AND/OR SERVICES SECTION (006)(no change) |
GOODS AND/OR SERVICES SECTION (010)(no change) |
GOODS AND/OR SERVICES SECTION (011)(no change) |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Wheel chairs; hospital carts. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/01/2003 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2003 |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Wheel chairs; hospital carts. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/01/2003 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2003 |
STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \786\756\78675669\xml1\RO A0002.JPG |
SPECIMEN DESCRIPTION |
page from McKesson brand catalogue showing a photograph of the goods. |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
ECG paper |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/01/2003 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2003 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
ECG paper |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/01/2003 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2003 |
STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \786\756\78675669\xml1\RO A0003.JPG |
SPECIMEN DESCRIPTION |
label for the packaging for the goods. |
GOODS AND/OR SERVICES SECTION (020)(no change) |
GOODS AND/OR SERVICES SECTION (021)(no change) |
GOODS AND/OR SERVICES SECTION (022)(no change) |
GOODS AND/OR SERVICES SECTION (024)(no change) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/ninasteinman/ |
SIGNATORY'S NAME |
Nina Steinman |
SIGNATORY'S POSITION |
Assistant Secretary |
DATE SIGNED |
09/13/2006 |
RESPONSE SIGNATURE |
/ninasteinman/ |
SIGNATORY'S NAME |
Nina Steinman |
SIGNATORY'S POSITION |
Assistant Secretary |
DATE SIGNED |
09/13/2006 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 13 13:45:37 EDT 2006 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20060913134537131380-786
75669-340e93cd7122f851b11
bbe51bf79bbfe1-N/A-N/A-20
060913132459964397 |
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 012 for Wheel chairs; hospital carts.
Original Filing Basis: 1(a).
Proposed: Class 012 for Wheel chairs; hospital carts.
Filing Basis: 1(a).
Section 1(a), Use in Commerce: 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 new specimen for Class 012.
The specimen(s) submitted consists of page from McKesson brand catalogue showing a photograph of the goods..
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 amends the following class of goods/services in the application as follows:
Current: Class 016 for ECG paper
Original Filing Basis: 1(a).
Proposed: Class 016 for ECG paper
Filing Basis: 1(a).
Section 1(a), Use in Commerce: 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 new specimen for Class 016.
The specimen(s) submitted consists of label for the packaging for the goods..
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
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: 09/13/2006
Signatory's Name: Nina Steinman
Signatory's Position: Assistant Secretary
Response Signature
Signature: /ninasteinman/ Date: 09/13/2006
Signatory's Name: Nina Steinman
Signatory's Position: Assistant Secretary
Serial Number: 78675669
Internet Transmission Date: Wed Sep 13 13:45:37 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20060913134537
131380-78675669-340e93cd7122f851b11bbe51
bf79bbfe1-N/A-N/A-20060913132459964397