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. 78811989 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 009 for Disposable laboratory articles for the distribution, separation and reaction of samples, namely, sample storage vessels and sample reaction vessels in the nature of laboratory plastic articles and microtitre plates and accessories, namely, closing covers, films and foils, cap strips, seals
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 009 for Disposable laboratory articles for the distribution, separation and reaction of samples, namely, sample storage vessels and sample reaction vessels in the nature of laboratory plastic articles and microtitre plates and accessories, namely, closing covers, films and foils, cap strips, seals
Filing Basis: 44(d); and 44(e).
Deleted Filing Basis: 1(b)
New/Additional Basis:

Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 004726022 registered 12/07/2006 with a renewal date of 11/17/2015 and an expiration date of 11/17/2015 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Original PDF file:
FRU0-681168165-073057878_._OptiTrack_-_EU_Reg.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.


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: /Timothy H. Hiebert/      Date: 01/27/2007
Signatory's Name: Timothy H. Hiebert
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /Timothy H. Hiebert/     Date: 01/27/2007
Signatory's Name: Timothy H. Hiebert
Signatory's Position: Attorney for Applicant
        
Serial Number: 78811989
Internet Transmission Date: Sat Jan 27 07:39:31 EST 2007
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20070127073931427
676-78811989-360ae3631f5c6c8f9837989785b
b6214fa-N/A-N/A-20070127073057878550