UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

EXAMINER’S AMENDMENT

 

 

ISSUE/MAILING DATE: 8/13/2007

 

OFFICE SEARCH:  The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.02.   

 

AMENDMENT: In accordance with the authorization granted by Ira David on August 8, 2007, the application has been AMENDED as indicated below.  Please advise the undersigned immediately if there is an objection to the amendment.   

 

If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).

 

Registration Ownership

The applicant is the owner of Registration No. 2847940.

 

Identification and Classification

The identification of goods and/or services is amended to read as follows: 

 

Athletic gloves for baseball, racquetball, golf, football and motocross; baseball training products and golf training products, namely, batting tees, batting disks in the nature of disks to be thrown from a batting stance to analyze plane of swing, batting cages, training glasses in the nature of glasses which limit a player's field of vision training them to focus properly, pitching machines, weighted bats and golf clubs, weight rings, and swing speedometers, with and without audible feedback; baseball and softball bats; practice baseballs; grips and grip tape for bats, racquets, and golf clubs in International Class 28.

Publication For Opposition

After all issues have been obviated, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.

 

The USPTO will send a NOTICE OF PUBLICATION to the applicant stating the date of publication.  Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal. See http://www.gov.uspto.report/web/offices/dcom/ttab/index.html.  If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.  A Certificate of Registration will issue for applications based on use, or a Notice of Allowance will issue for intent-to-use applications.

 

Certificate of Registration

If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

 

Status Check

To check status information, please use either http://tarr.uspto.gov, or call (571) 272-5400 (Monday-Friday, 6:30 a.m. to 12 midnight, EST).  If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (571) 272-9250 or (800) 786-9199 and request a status check.  TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays.

 

Copies of Documents 

The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at: http://portal.gov.uspto.report/external/portal/tow.  Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR.  The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access.  This conversion process is expected to take several years.  Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.

 

Questions About This Action

If the applicant has any questions regarding this Office action, please call the examining attorney.

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209

571.273.9114 Law Office Facsimile

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 8/13/2007 FOR

APPLICATION SERIAL NO. 77165292

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77165292&doc_type=EXA&mail_date=20070813 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 8/13/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.