Dear Mr. Herman
This e-mail is in response to your Office Action dated January 16, 2004
regarding the referenced mark. I have tried to reach you by telephone
several times to discuss this matter (as suggested in the last line of
your Office Action) but have not received a return of my phone messages.
Accordingly, I am responding via e-mail.
Our original description was "card decks" followed by a description of
the intended use. You have indicated that the identification of goods
is unacceptable as indefinite and have requested that we amend the
application to specify the common commercial name of the goods or to
describe the product and its intended uses. We believe we have done
that. The goods are a deck of cards, to be used as specified. You have
proposed an acceptable description identifying the goods as "flash
cards" and describing the intended use. While we have no problem with
your restated description of the use of the goods, the applicant
believes that "flash cards" is an inaccurate description of the goods,
as that term implies a card that is quickly displayed to an audience to
evoke a response. These cards are typically read aloud to a group or
may be passed around and read individually by members of a group. Some
pose a question for discussion, while others suggest an activity for one
or more persons to engage in. We believe that the term "deck of cards"
or "card deck" followed by the words "for use in training and in
workshops dealing with interpersonal issues arising in the workplace,
classrooms or other organizational settings" is more accurate and not
substantially different from your suggested identification.
I would be happy to discuss this by telephone, as I am confident that we
can come up with a mutually acceptable wording of the identification of
goods and services. I would also welcome an e-mail response if you
think it is more efficient. I look forward to hearing from you.
Respectfully submitted,
/Marla Norton/
Marla Hirshman Norton
The Bayard Firm, P.A.
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, Delaware
phone: 302-429-4214
fax: 302-658-6395
email: mnorton@bayardfirm.com
________________________________________________________________________
This message is sent by a law firm and may contain information that is
privileged or confidential. If you received this transmission in error,
please notify the sender by reply e-mail and delete the message and any
attachments.