PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85072697 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording, transmitting and reproducing
sounds; hand held electronic units and computers for regulating, controlling and adjusting hearing aids; testing devices for measuring hearing loss; hand held electronic units for adjusting sound
levels in hearing aids; and computer software for configuring hearing aids; computer hardware and computer software for adjusting hearing aids; computer hardware and computer software for measuring
hearing impairment |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording,
transmitting and reproducing sounds; hand held electronic units and computers for regulating, controlling and adjusting hearing aids; testing devices for measuring hearing loss; hand held electronic units for adjusting sound levels in hearing aids; computer
software for configuring hearing aids; and computer software for configuring hearing aids; computer hardware and computer software for
adjusting hearing aids; computer hardware and computer software for measuring hearing impairment.; computer hardware and
computer software for measuring hearing impairment |
FINAL DESCRIPTION |
Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording, transmitting and reproducing
sounds; hand held electronic units and computers for regulating, controlling and adjusting hearing aids; hand held electronic units for adjusting sound levels in hearing aids; computer software for
configuring hearing aids; computer hardware and computer software for adjusting hearing aids; computer hardware and computer software for measuring hearing impairment. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(class added) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Testing devices for measuring hearing loss in patients, namely, audiometers. |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Andrew Eisenberg/ |
SIGNATORY'S NAME |
Andrew Eisenberg |
SIGNATORY'S POSITION |
General Counsel Audiotoniq, Inc. |
DATE SIGNED |
10/11/2010 |
RESPONSE SIGNATURE |
/Andrew Eisenberg/ |
SIGNATORY'S NAME |
Andrew Eisenberg |
SIGNATORY'S POSITION |
General Counsel Audiotoniq, Inc. |
DATE SIGNED |
10/11/2010 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Oct 11 10:56:01 EDT 2010 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0101011105601205738-85072
697-47059cd2fb23278295a11
f184dc2c6760-CC-7690-2010
1011105236441399 |
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.
85072697 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording, transmitting and reproducing sounds; hand held electronic
units and computers for regulating, controlling and adjusting hearing aids; testing devices for measuring hearing loss; hand held electronic units for adjusting sound levels in hearing aids; and
computer software for configuring hearing aids; computer hardware and computer software for adjusting hearing aids; computer hardware and computer software for measuring hearing impairment
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)).
Proposed:
Tracked Text Description: Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording, transmitting and reproducing
sounds;
hand held electronic units and computers for regulating, controlling and adjusting hearing aids;
testing devices for
measuring hearing loss;
hand held electronic units for adjusting sound levels in hearing aids;
computer software for configuring
hearing aids;
and computer software for configuring hearing aids;
computer hardware and computer software for adjusting hearing
aids;
computer hardware and computer software for measuring hearing impairment.;
computer hardware and computer software
for measuring hearing impairmentClass 009 for Electrical, scientific and computer apparatus, namely, apparatus and instruments for measuring, recording, transmitting and reproducing sounds;
hand held electronic units and computers for regulating, controlling and adjusting hearing aids; hand held electronic units for adjusting sound levels in hearing aids; computer software for
configuring hearing aids; computer hardware and computer software for adjusting hearing aids; computer hardware and computer software for measuring hearing impairment.
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)).
Applicant hereby adds the following class of goods/services to the application:
New: Class 010 for Testing devices for measuring hearing loss in patients, namely, audiometers.
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)).
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. 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. Section 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. Section 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: /Andrew Eisenberg/ Date: 10/11/2010
Signatory's Name: Andrew Eisenberg
Signatory's Position: General Counsel Audiotoniq, Inc.
Response Signature
Signature: /Andrew Eisenberg/ Date: 10/11/2010
Signatory's Name: Andrew Eisenberg
Signatory's Position: General Counsel Audiotoniq, Inc.
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.
RAM Sale Number: 7690
RAM Accounting Date: 10/12/2010
Serial Number: 85072697
Internet Transmission Date: Mon Oct 11 10:56:01 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2010101110560120
5738-85072697-47059cd2fb23278295a11f184d
c2c6760-CC-7690-20101011105236441399