Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79072763 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant is grateful for the Examining Attorney's letter dated October 15, 2009 and the Office Action.

 

Pursuant to the Examining Attorney's inquiry, Applicant respectfully informs that it is a Swiss corporation.

 

Pursuant to the Examining Attorney's request, Applicant respectfully requests to amend the list of goods to read as follows:

 

Surgical and medical instruments and apparatus, namely, syringes for medical purposes, needles for medical purposes, guide wires for medical purposes, probes for medical purposes, tubes for medical purposes, pressure connectors for medical purposes, neck valves for medical purposes, pressure valves for medical purposes, screw-cap pressure valves for medical purposes, drainage tubes for medical purposes, secretion bags for medical purposes, surgical instrument for use in spreading vertebral bodies, stone baskets, surgical instrument for use in delivering stents, disposable medical products, namely, stents, catheters, balloon catheters, surgical implants made of artificial materials, namely, vessel implants, namely, stents for medical purposes and markers for indicating parts of tissue and tumors for medical purposes, dilators for medical purposes, application instruments for medical purposes, namely, biopsy punction apparatus, apparatus for introducing bone cement, percutaneous introducers sets consisting of sheaths, stopcocks, dilators, guide wires and needles; introduction locks for medical purposes, namely, sheaths with valves used for percutaneous introduction, medical apparatus for breaking up kidney stones, sterile cloths, namely, covering cloths for medical purposes, sutures, instruments for the insertion of implants for medical purposes.

 

In view of the above, favourable outcome of examination and passage of application to publication is respectfully requested.  Please do not hesitate to contact the undersigned for any additional information or clarifications.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; Surgical and medical instruments and apparatus, namely, syringes for medical purposes, needles for medical purposes, guide wires for medical purposes, probes for medical purposes, tubes for medical purposes, pressure connectors for medical purposes, neck valves for medical purposes, pressure valves for medical purposes, screw-cap pressure valves for medical purposes, drainage tubes for medical purposes, secretion bags for medical purposes, surgical instrument for use in spreading vertebral bodies, stone baskets, surgical instrument for use in delivering stents, disposable medical products, namely, stents, catheters, balloon catheters, surgical implants made of artificial materials, namely, vessel implants, namely, stents for medical purposes and markers for indicating parts of tissue and tumors for medical purposes, dilators for medical purposes, application instruments for medical purposes, namely, biopsy punction apparatus, apparatus for introducing bone cement, percutaneous introducers sets consisting of sheaths, stopcocks, dilators, guide wires and needles; orthopaedic articles; introduction locks for medical purposes, namely, sheaths with valves used for percutaneous introduction, medical apparatus for breaking up kidney stones, sterile cloths, namely, covering cloths for medical purposes, sutures, instruments for the insertion of implants for medical purposes; suture materialsClass 010 for Surgical and medical instruments and apparatus, namely, syringes for medical purposes, needles for medical purposes, guide wires for medical purposes, probes for medical purposes, tubes for medical purposes, pressure connectors for medical purposes, neck valves for medical purposes, pressure valves for medical purposes, screw-cap pressure valves for medical purposes, drainage tubes for medical purposes, secretion bags for medical purposes, surgical instrument for use in spreading vertebral bodies, stone baskets, surgical instrument for use in delivering stents, disposable medical products, namely, stents, catheters, balloon catheters, surgical implants made of artificial materials, namely, vessel implants, namely, stents for medical purposes and markers for indicating parts of tissue and tumors for medical purposes, dilators for medical purposes, application instruments for medical purposes, namely, biopsy punction apparatus, apparatus for introducing bone cement, percutaneous introducers sets consisting of sheaths, stopcocks, dilators, guide wires and needles; introduction locks for medical purposes, namely, sheaths with valves used for percutaneous introduction, medical apparatus for breaking up kidney stones, sterile cloths, namely, covering cloths for medical purposes, sutures, instruments for the insertion of implants for medical purposes

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Current:


Proposed:
Max Vern of Amster, Rothstein & Ebenstein LLP, having an address of
90 Park Avenue New York, New York 10016
United States
ptodocket@arelaw.com
(212) 336-8000
(212) 336-8001



SIGNATURE(S)
Response Signature
Signature: /Max Vern/     Date: 02/08/2010
Signatory's Name: Max Vern
Signatory's Position: Attorney of Record, NY Bar Member

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: 79072763
Internet Transmission Date: Mon Feb 08 15:14:45 EST 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20100208151445
483200-79072763-460a5684674f932448882ce1
673b0ac81d-N/A-N/A-20100208151108088595