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 NUMBER85314356
LAW OFFICE ASSIGNEDLAW OFFICE 109
MARK SECTION (no change)
ARGUMENT(S)

This is intended to be a complete response to the August 27, 2011 Office Action.

Search Results. Applicant acknowledges that the Examining Attorney has searched the Office records and has not found any similar registered or pending marks that would bar registration of Applicant's mark.

Identification of Goods. The Examining Attorney objects to the identification of goods as filed because "it is too broad and could include goods in other classes." Applicant requests amendment of the application, below.

GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS010
DESCRIPTION
Medical, scientific and clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS010
TRACKED TEXT DESCRIPTION
Medical, scientific and clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids; Medical diagnostic analyzers for measuring, testing and analyzing blood and other bodily fluids
FINAL DESCRIPTION
Medical diagnostic analyzers for measuring, testing and analyzing blood and other bodily fluids
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS009
DESCRIPTION
Clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids
FILING BASISSection 1(b)
PAYMENT SECTION
NUMBER OF CLASSES1
FEE PER CLASS325
TOTAL FEES DUE325
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /lisa martens/
SIGNATORY'S NAME Lisa M. Martens
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 08/31/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 31 16:36:13 EDT 2011
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0110831163613704568-85314
356-48056286b7ee31aa66ff3
367cf4f9a2fa-DA-14648-201
10831143407154411


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. 85314356 has been amended as follows:

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

This is intended to be a complete response to the August 27, 2011 Office Action.

Search Results. Applicant acknowledges that the Examining Attorney has searched the Office records and has not found any similar registered or pending marks that would bar registration of Applicant's mark.

Identification of Goods. The Examining Attorney objects to the identification of goods as filed because "it is too broad and could include goods in other classes." Applicant requests amendment of the application, below.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical, scientific and clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids
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: Medical, scientific and clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids; Medical diagnostic analyzers for measuring, testing and analyzing blood and other bodily fluids

Class 010 for Medical diagnostic analyzers for measuring, testing and analyzing blood and other bodily fluids
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 009 for Clinical laboratory analyzers for measuring, testing and analyzing blood and other bodily fluids
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
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /lisa martens/     Date: 08/31/2011
Signatory's Name: Lisa M. Martens
Signatory's Position: Attorney of record, California 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.

        
RAM Sale Number: 14648
RAM Accounting Date: 09/01/2011
        
Serial Number: 85314356
Internet Transmission Date: Wed Aug 31 16:36:13 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011083116361370
4568-85314356-48056286b7ee31aa66ff3367cf
4f9a2fa-DA-14648-20110831143407154411