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. 85945382 NUDGE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85945382) 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 for subcutaneous dispensing of a drug, namely, a drug dosing and dispensing device, a disposable needle cassette and a disposable drug cartridge; electronic medical devices for dosing and subcutaneous dispensing of a drug; needle cassettes for use with drug delivery devices; medical delivery devices in the form of a syringe, injector device, or pen for injecting a pharmaceutical preparation
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Medical devices for subcutaneous dispensing of a drug, namely, a drug dosing and dispensing device, a disposable needle cassette and a disposable drug cartridge; Medical devices for subcutaneous dispensing of a drug, namely, a drug dosing and dispensing device, a disposable needle cassette and a disposable drug cartridge, sold empty; electronic medical devices for dosing and subcutaneous dispensing of a drug; electronic medical devices for dosing and subcutaneous dispensing of a drug, sold empty; needle cassettes for use with drug delivery devices; needle cassettes for use with drug delivery devices, sold empty; medical delivery devices in the form of a syringe, injector device, or pen for injecting a pharmaceutical preparation; medical delivery devices in the form of a syringe, injector device, or pen for injecting a pharmaceutical preparation, sold emptyClass 010 for Medical devices for subcutaneous dispensing of a drug, namely, a drug dosing and dispensing device, a disposable needle cassette and a disposable drug cartridge, sold empty; electronic medical devices for dosing and subcutaneous dispensing of a drug, sold empty; needle cassettes for use with drug delivery devices, sold empty; medical delivery devices in the form of a syringe, injector device, or pen for injecting a pharmaceutical preparation, sold empty
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /reljr44/     Date: 02/28/2014
Signatory's Name: Robert E. Lee, Jr.
Signatory's Position: Assistant General Patent Counsel

Signatory's Phone Number: 317 276 9624

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: 85945382
Internet Transmission Date: Fri Feb 28 10:35:04 EST 2014
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2014022810350454357
1-85945382-5002bdb064ff82fecc40e481031c2
15ea36576756e8a7bb52e196562dcc96c0c6-N/A
-N/A-20140226164052399591