Response to Office Action

STEREOTAXIS EPOCH

Stereotaxis, Inc.

Response to Office Action

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 85268787
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION (no change)
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 3732775.
SECTION 2(f), IN PART STEREOTAXIS has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
DECLARATION SIGNATURE /Bryan K. Wheelock/
SIGNATORY'S NAME Bryan K. Wheelock
SIGNATORY'S POSITION Attorney
DATE SIGNED 10/31/2011
RESPONSE SIGNATURE /Bryan K. Wheelock/
SIGNATORY'S NAME Bryan K. Wheelock
SIGNATORY'S POSITION Attorney
DATE SIGNED 10/31/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Oct 31 17:10:08 EDT 2011
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
111031171008790224-852687
87-48065603b96fc8c8254616
ccb53a0fbfcd4-N/A-N/A-201
11031170728323085



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. 85268787 has been amended as follows:

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3732775.

Section 2(f), in part, based on Use
STEREOTAXIS has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

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: /Bryan K. Wheelock/      Date: 10/31/2011
Signatory's Name: Bryan K. Wheelock
Signatory's Position: Attorney

Response Signature
Signature: /Bryan K. Wheelock/     Date: 10/31/2011
Signatory's Name: Bryan K. Wheelock
Signatory's Position: Attorney

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: 85268787
Internet Transmission Date: Mon Oct 31 17:10:08 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20111031171008790
224-85268787-48065603b96fc8c8254616ccb53
a0fbfcd4-N/A-N/A-20111031170728323085



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