Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85449722 ROSCOE MEDICAL (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85449722) 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 010 for Medical devices and apparatus, namely, continuous positive airway pressure (CPAP) devices; walkers to aid in mobility; rollators; canes for medical purposes; crutches and parts therefor; therapeutic mattresses, mattress pads, beds, seats, cushions, and wedges; pillows for medical purposes; electrotherapy devices for providing transcutaneous electrical nerve stimulation, infrared heat and compression; respiratory equipment and monitors therefor; humidifiers for medical use; nebulizers for respiratory therapy; tracheal care kits; catheters and tubing; respiratory aspirators; pulse oximeters; oxygen concentrators for medical applications; gloves for medical purposes; toilets adapted for medical patients or for use by handicapped persons and related structure parts therefor; therapeutic bathtub grab bars and shower grab bars, shower chairs, benches, and stools
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/01/2007 and first used in commerce at least as early as 08/01/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Medical devices and apparatus, namely, continuous positive airway pressure (CPAP) devices; walkers to aid in mobility; rollators; canes for medical purposes; crutches and parts therefor; crutches and parts therefor namely, rubber tips, handle grips, adjustment pins, locking rings, hand grips, and underarm pads; therapeutic mattresses, mattress pads, beds, seats, cushions, and wedges; therapeutic mattresses, mattress pads; medical beds, namely, homecare and hospital beds; medical seats namely, transfer seats, padded seats, platform seats, commode seats, and wheelchair seats; medical and orthopedic cushions; leg, body and back wedges; pillows for medical purposes; tracheal care kits; electrotherapy devices for providing transcutaneous electrical nerve stimulation, infrared heat and compression; respiratory equipment and monitors therefor; humidifiers for medical use; nebulizers for respiratory therapy; tracheal care kits comprising a medical container, drape, gauze, applicator, cleaning brush, and dressing; catheters and tubing; respiratory aspirators; therapeutic bathtub grab bars and shower grab bars, shower chairs, benches, and stools; pulse oximeters; oxygen concentrators for medical applications; gloves for medical purposes; toilets adapted for medical patients or for use by handicapped persons and related structure parts therefor; bath accessories adapted for medical patients or for use by handicapped persons namely, bathtub grab bars and shower grab bars, shower chairs, shower benches, and shower stoolsClass 010 for Medical devices and apparatus, namely, continuous positive airway pressure (CPAP) devices; walkers to aid in mobility; rollators; canes for medical purposes; crutches and parts therefor namely, rubber tips, handle grips, adjustment pins, locking rings, hand grips, and underarm pads; therapeutic mattresses, mattress pads; medical beds, namely, homecare and hospital beds; medical seats namely, transfer seats, padded seats, platform seats, commode seats, and wheelchair seats; medical and orthopedic cushions; leg, body and back wedges; pillows for medical purposes; electrotherapy devices for providing transcutaneous electrical nerve stimulation, infrared heat and compression; respiratory equipment and monitors therefor; humidifiers for medical use; nebulizers for respiratory therapy; tracheal care kits comprising a medical container, drape, gauze, applicator, cleaning brush, and dressing; catheters and tubing; respiratory aspirators; pulse oximeters; oxygen concentrators for medical applications; gloves for medical purposes; toilets adapted for medical patients or for use by handicapped persons and related structure parts therefor; bath accessories adapted for medical patients or for use by handicapped persons namely, bathtub grab bars and shower grab bars, shower chairs, shower benches, and shower stools
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/01/2007 and first used in commerce at least as early as 08/01/2007 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use MEDICAL apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Lorri W. Cooper/     Date: 08/08/2012
Signatory's Name: Lorri W. Cooper
Signatory's Position: Attorney of record, Ohio State bar member

Signatory's Phone Number: 216-420-5238

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: 85449722
Internet Transmission Date: Wed Aug 08 12:37:13 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20120808123713
138602-85449722-49084465ed93c2bb95a6fe67
1b3f81195c-N/A-N/A-20120808120543861690