| 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 |
78970422 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (class deleted) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
Video Headset for displaying ultrasound images |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 09/01/2005 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/01/2005 |
| GOODS AND/OR SERVICES SECTION (class added) Original Class (009) |
| INTERNATIONAL CLASS |
010 |
| DESCRIPTION |
| Video Headset for displaying ultrasound images for medical use |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 09/01/2005 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/01/2005 |
| STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN
FILE NAME(S) |
\\TICRS2\EXPORT13\789\704 \78970422\xml1\ROA0002.JP G |
| |
\\TICRS2\EXPORT13\789\704 \78970422\xml1\ROA0003.JP G |
| SPECIMEN DESCRIPTION |
Product photos of the headset (1) by itself and (2) as part of a complete ultrasound system as it ships. |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/CEM/ |
| SIGNATORY'S NAME |
Charles E. Maloy |
| SIGNATORY'S POSITION |
Owner |
| DATE SIGNED |
07/31/2007 |
| RESPONSE SIGNATURE |
/CEM/ |
| SIGNATORY'S NAME |
Charles E. Maloy |
| SIGNATORY'S POSITION |
Owner |
| DATE SIGNED |
07/31/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jul 31 23:35:27 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
070731233527366096-789704
22-38012a046cabfe2f94ac44
20135d4e6794-N/A-N/A-2007
0731230212467387 |
| 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.
78970422 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Video Headset for displaying ultrasound images
Applicant hereby adds the following class of goods/services to the application:
New: Class 010 (Original Class: 009 ) for Video Headset for displaying ultrasound images for medical use
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 09/01/2005 and first used in commerce at least as early as 10/01/2005, and is now in use in such
commerce.
Applicant hereby submits a specimen for Class 010. The specimen(s) submitted consists of Product photos of the headset (1) by itself and (2) as part of a complete ultrasound system as it ships..
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
SIGNATURE(S)
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: /CEM/ Date: 07/31/2007
Signatory's Name: Charles E. Maloy
Signatory's Position: Owner
Response Signature
Signature: /CEM/ Date: 07/31/2007
Signatory's Name: Charles E. Maloy
Signatory's Position: Owner
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal
authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of
attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 78970422
Internet Transmission Date: Tue Jul 31 23:35:27 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20070731233527366
096-78970422-38012a046cabfe2f94ac4420135
d4e6794-N/A-N/A-20070731230212467387
