In response to the proper identification of goods for the Clencher, Serial Number 78/363946, the proper change for identification is:
Bimolar mouth guard with breathe hole for athletic use. Class 28
Please advise if this is sufficient ?
Sincerely,
Joe Manzo
VP. Sales/Marketing
Brain-Pad, Inc ( Formerly, WIPSS Products, Inc. )
322 Fayette St.
Conshohocken, PA. 19428
610-397-0893
610-397-1897- Fax
----- Original Message -----
From: ECom112 <mailto:ecom112@uspto.gov>
To: jmanzo@wipss.com <mailto:jmanzo@wipss.com>
Sent: Monday, August 30, 2004 3:57 PM
Subject: TRADEMARK APPLICATION NO. 78363946 - CLENCHER - N/A
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/363946
APPLICANT: WIPSS Products,
Inc.
*78363946*
CORRESPONDENT ADDRESS:
WIPSS Products, Inc.
322 FAYETTE ST
CONSHOHOCKEN PA 19428-1902
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
MARK: CLENCHER
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
jmanzo@wipss.com <mailto:jmanzo@wipss.com>
Please provide in all correspondence:
1. Filing date, serial number, mark and
applicant's name.
2. Date of this Office Action.
3. Examining Attorney's name and
Law Office number.
4. Your telephone number and e-mail address.
OFFICE ACTION
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.
Serial Number 78/363946
The assigned examining attorney has reviewed the referenced application and determined the following.
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 1105.01.
GOODS INDEFINITE
The identification of goods is unacceptable as indefinite. TMEP section 1402.01. The applicant may adopt the following identification, if accurate:
Bimolar mouth guard with breathe hole [specify use – if for athletic use then classify in int. class 28 – if for medical use then classify in int. class 10]; Mouth guard for internal head protection
in sports, in Int. Cl. 28
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a);
TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below:
1) Applicant must list the goods/services by international
class with the classes listed in ascending numerical order. TMEP §1403.01.
2) Applicant must submit a filing fee for each international
class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
RESPONSE GUIDELINES
No set form is required for response to this Office action. The applicant may respond via fax, electronic mail or traditional mail. The applicant should simply set forth the required
changes or statements and request that the Office enter them. The applicant must sign the response.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this
Office action, and the applicant's telephone number to speed up further processing.
Note For Electronic Responses
Any communications regarding pending applications sent via e-mail to any of the law office e-mail addresses must:
(1) be in English;
(2) include the entire response as e-mail text, not as an attachment;
(3) list the serial number in the "Subject" line; and
(4) include any specimens or evidence in jpg format only.
For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg format. Thus, no attachments in WordPerfect®, Word,
Adobe® PDF or any other format EXCEPT jpg can be accepted.
Additionally, all such communications sent via e-mail should (1) be signed electronically (using the same format accepted for electronically-filed applications, namely, the signatory must enter any
combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. Acceptable "signatures"
could include: /john doe/; /jd/; and /123-4567/. (See 64 FR 33056, 33062 (June 21, 1999))); and (2) address every issue raised. Failure to comply with these additional requirements will
result in delays in prosecuting your application.
Note Regarding Timely Filing Of Responses
The statutory period for response to an Office action during examination is six months. 15 U.S.C. §1062(b). The examining attorney does not have any discretion to shorten or extend such
period.
The crucial date for the response is the date it is received by the Office, not the date it is mailed by the applicant. The applicant should see 37 C.F.R. §§1.8 and 1.10; TMEP §§702.02, 702.03
and 702.04(f), regarding certificate of mailing, certificate of transmission and "Express Mail" procedures to avoid lateness.
Note Regarding Status Of Application
Current status and status date information is available on-line at <http://tarr.gov.uspto.report/> or, via push button telephone, for all federal trademark registration and application records
maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday
through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request
information for up to five registration number or application number records per call.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment
Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at
www.uspto.gov <http://www.gov.uspto.report/>.
David T. Taylor
2900 Crystal Drive
Arlington, VA 22202
703-308-9112, ext. 164
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit <http://www.gov.uspto.report/teas/index.html> and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper
right corner of each page of your response.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at <http://tarr.gov.uspto.report/>
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at <http://www.gov.uspto.report/main/trademarks.htm>
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
