| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76236202 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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In response to the SUSPENSION INQUIRY dated July 23, 2004, the Examining Attorney is hereby advised that the corresponding Canadian application from which priority is claimed was involved in an Opposition Proceeding. A settlement of the opposition has been agreed to by the parties, and is being formalized. It is anticipated that a Canadian registration should issue in November or December 2004. A certified copy of the Certificate of Registration will be filed in this application as soon as possible following issuance by the Canadian Trademark Office.
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| GOODS AND/OR SERVICES SECTION (1st class)(no change) | |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| footwear, namely, boots; shoes; thermally insulated boots; rubber boots for men, women and children, military boots and military gloves | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| footwear, namely, safety boots for commercial, industrial and construction use; extreme cold weather boots for commercial, industrial and construction use; industrial boots and rubbers, military boots, and nuclear, biological and chemical exposure boots | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (3rd class)(class deleted) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | safety boots for commercial, industrial and construction use |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (4th class)(no change) | |
| CORRESPONDENCE SECTION | |
| NAME | Mark Kusner |
| CONFIRM NAME | KUSNER & JAFFE |
| STREET | 6151 Wilson Mills Road |
| CITY | Highland Heights |
| STATE | Ohio (OH) |
| ZIP/POSTAL CODE | 44143 |
| COUNTRY | United States |
| PHONE | (440) 684-1090 |
| FAX | (440) 684-1095 |
| mkusner@kusnerjaffe.com | |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL | Yes |
| SIGNATURE SECTION | |
| SIGNATURE | /mark kusner/ |
| SIGNATORY NAME | Mark Kusner |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 10/05/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Oct 05 09:57:39 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200410 05095739320013-76236202-2 009fa7c02f969a3b12a339c75 1c2c731f-N-N-200410050952 46342091 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76236202 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
In response to the SUSPENSION INQUIRY dated July 23, 2004, the Examining Attorney is hereby advised that the corresponding Canadian application from which priority is claimed was involved in an Opposition Proceeding. A settlement of the opposition has been agreed to by the parties, and is being formalized. It is anticipated that a Canadian registration should issue in November or December 2004. A certified copy of the Certificate of Registration will be filed in this application as soon as possible following issuance by the Canadian Trademark Office.
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| Classification and Listing of Goods/Services | |
| Applicant hereby deletes the following class of goods/services from the application. | |
| Class 009 for safety boots for commercial, industrial and construction use | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 025 for footwear, namely, boots; shoes; thermally insulated boots; rubber boots for men, women and children, military boots and military gloves | |
| Original Filing Basis: 1(b); and/or 44(d). | |
| Proposed: Class 025 for footwear, namely, safety boots for commercial, industrial and construction use; extreme cold weather boots for commercial, industrial and construction use; industrial boots and rubbers, military boots, and nuclear, biological and chemical exposure boots | |
| Correspondence Address Change | |
| Applicant proposes to amend the following: | |
| Original: MARK KUSNER CO LPA | |
| Proposed: Mark Kusner of KUSNER & JAFFE, having an address of Highland Place - Suite 310 6151 Wilson Mills Road Highland Heights, Ohio (OH) United States 44143, whose e-mail address is mkusner@kusnerjaffe.com, whose phone number is (440) 684-1090 and whose fax number is (440) 684-1095. | |
| Response Signature | |
| Signature: /mark kusner/ Date: 10/05/2004 | |
| Signatory's Name: Mark Kusner | |
| Signatory's Position: Attorney | |
| Mailing Address: | |
| Mark Kusner | |
| KUSNER & JAFFE | |
| Highland Place - Suite 310 | |
| 6151 Wilson Mills Road | |
| Highland Heights, Ohio (OH) 44143 | |
| Serial Number: 76236202 | |
| Internet Transmission Date: Tue Oct 05 09:57:39 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20041005095739320013- 76236202-2009fa7c02f969a3b12a339c751c2c7 31f-N-N-20041005095246342091 |