Post Publication Amendment

PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Post-Publication Amendment

To the Commissioner for Trademarks:

Application serial no. 78971392 has been amended as follows:

EXPLANATION OF FILING
Deletion of section 1(b) basis. It was intended to drop this basis in the September 6, 2007 office action response filed with a true copy of the home registration to support the section 44(e) basis

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific, electric, electronic, photographic, cinematographic, optical and measuring apparatus and instruments, all for use in skin imaging technology that enables examination of the skin and non-invasive viewing beneath the surface of the skin for non-medical purposes, namely, computer-operated scanners and cameras; cameras; computers for use with or as scanners; computer peripherals; computer hardware; digital graphic scanners and hand-held scanners; scanners; computer programs for scanners for scanning and diagnosing of the skin and non-invasive viewing beneath the surface of the skin for non-medical purposes and for use in the field of skin technology dealing with understanding the construction of the skin, identifying the presence of skin conditions, maintaining skin health and/or monitoring and recognizing the treatment and effect of skin cancer, skin conditions, skin health, skin cosmetics and skin pharmaceuticals; scanning and diagnosing programs for diagnosing skin conditions; scanners for entering data and images into computers; scanners for scientific use; exposed cinematographic films; compact discs and laser discs featuring medical monitoring, testing and evaluating programs; computer software, for the diagnosis and management of skin complaints including psoriasis, eczema and basal cell carcinoma; computer software to enable searching for data; downloadable electronic publications provided online from databases or the Internet, namely, magazines and learned papers in the field of the examination of the skin and beneath the skin; electric applicators for applying computer generated data to the body for non-medical purposes; computer software to enable the non-invasive scanning and probing, capturing, visual inspection, analyzing, understanding and monitoring of the skin surface and beneath the skin by contact or without skin contact; computer software for use in monitoring and diagnosing biochemical reactions and phenomena; optical detection, measuring, testing, viewing and recording apparatus and instruments for non-medical purposes, namely, optical transmitters, optical receivers, optical data links and optical transceivers; spectrophotometers; laboratory equipment, namely, spectral measuring and imaging apparatus and instruments in the nature of spectroscopes; cases, bags, hold-alls, carriers and containers, all adapted for carrying or for storing any of the aforesaid goods; parts and fittings for all the aforesaid goods
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Filing 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 4958633 registered 05/18/2007 with a renewal date of __________ and an expiration date of 03/15/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 009 for Scientific, electric, electronic, photographic, cinematographic, optical and measuring apparatus and instruments, all for use in skin imaging technology that enables examination of the skin and non-invasive viewing beneath the surface of the skin for non-medical purposes, namely, computer-operated scanners and cameras; cameras; computers for use with or as scanners; computer peripherals; computer hardware; digital graphic scanners and hand-held scanners; scanners; computer programs for scanners for scanning and diagnosing of the skin and non-invasive viewing beneath the surface of the skin for non-medical purposes and for use in the field of skin technology dealing with understanding the construction of the skin, identifying the presence of skin conditions, maintaining skin health and/or monitoring and recognizing the treatment and effect of skin cancer, skin conditions, skin health, skin cosmetics and skin pharmaceuticals; scanning and diagnosing programs for diagnosing skin conditions; scanners for entering data and images into computers; scanners for scientific use; exposed cinematographic films; compact discs and laser discs featuring medical monitoring, testing and evaluating programs; computer software, for the diagnosis and management of skin complaints including psoriasis, eczema and basal cell carcinoma; computer software to enable searching for data; downloadable electronic publications provided online from databases or the Internet, namely, magazines and learned papers in the field of the examination of the skin and beneath the skin; electric applicators for applying computer generated data to the body for non-medical purposes; computer software to enable the non-invasive scanning and probing, capturing, visual inspection, analyzing, understanding and monitoring of the skin surface and beneath the skin by contact or without skin contact; computer software for use in monitoring and diagnosing biochemical reactions and phenomena; optical detection, measuring, testing, viewing and recording apparatus and instruments for non-medical purposes, namely, optical transmitters, optical receivers, optical data links and optical transceivers; spectrophotometers; laboratory equipment, namely, spectral measuring and imaging apparatus and instruments in the nature of spectroscopes; cases, bags, hold-alls, carriers and containers, all adapted for carrying or for storing any of the aforesaid goods; parts and fittings for all the aforesaid goods
Deleted Filing Basis: 1(b)
Filing 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 will submit a copy of [ European Community registration number 4958633 registered 05/18/2007 with a renewal date of __________ and an expiration date of 03/15/2016 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

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: /Oliver E. Todd, Jr./      Date: 10/17/2008
Signatory's Name: Oliver E. Todd, Jr.
Signatory's Position: Attorney of record


Signature: /Oliver E. Todd, Jr./     Date: 10/17/2008
Signatory's Name: Oliver E. Todd, Jr.
Signatory's Position: Attorney of record

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: 78971392
Internet Transmission Date: Fri Oct 17 15:49:35 EDT 2008
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XXX-200810171549356
89413-78971392-430e8a16565944784bd7376b3
a87962b8f-N/A-N/A-20081017154616543146