NOTE TO THE FILE
SERIAL NUMBER: 79154323
DATE: 02/05/2015
NAME: jmartin3
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER:
From: Alex Lazouski [mailto:al@lzlawoffice.com]
Sent: Thursday, February 05, 2015 1:40 PM
To: Martin, Jennifer
Subject: RE: Trademark Application 79154323 ei
Agreed, thank you
Best regards,
Alex
Alex Lazouski, Esq. *
Please note that we recently moved!
14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202
Phone: +1 (201) 645-5616, Skype: lzlawofficeEmail: al@lzlawoffice.com, Website: www.lzlawoffice.com
* Licensed to practice law in the state of New York. Not admitted in Florida.
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From: Martin, Jennifer [mailto:Jennifer.Martin@USPTO.GOV]
Sent: Thursday, February 5, 2015 10:36 AM
To: al@lzlawoffice.com
Subject: Trademark Application 79154323 ei
I am in receipt of your response to the office action in the above referenced application. There are a couple of issues remaining with the ID in classes 9, 11, 24 and 28 that I am hoping we can resolve today by Examiner’s Amendment.
CLASS 9
Upon further consideration I believe the term “readers and recorders for audio and/or video discs” is overly broad and likely to cause the application to be withdrawn from publication upon OG review. In addition, the applicant failed to clarify the function of the “computer software for digital cameras”. I propose amendment these terms to the following:
Readers and recorders for audio and/or video discs, namely, digital audio and video recorders and players;
Computer operating software for digital cameras
CLASS 11
There is a typographical error and the term “eclectic heaters and warmers” should be amended to “electric heaters and warmers.” In addition, the term “heating installations” appears twice in the identification and I propose deleting the second appearance of the term.
CLASS 24
There is a typographical error and the term “blankets for furniture, namely, unfitted fabric furniture colvers” should be amended to “blankets for furniture, namely, unfitted fabric furniture covers.”
CLASS 28
Upon further consideration the term “dress to play with, for babies and children” is indefinite and could identify goods in more than one class. The applicant can only amend this wording to goods in class 28 since this is a Madrid application. Therefore the applicant can amend to the following if accurate:
Dress for play with for babies and children, namely, doll clothing and doll costumes.
The identification of goods in class 9, 11, 24 and 28 would be amended as follows:
Class 9: Baby monitors; baby scales; electronic and electrical apparatus and instruments for babies and infants, namely, infant movement alarms; digital photo frames, DECT baby monitors, thermometers and electronic thermometers, other than for medical use; downloadable electronic publications, namely, magazines, articles, newsletters in the field of parenting provided on-line from databases or the internet, memory carriers, interactive compact discs and cd-roms; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers, readers and recorders for audio and/or video discs, namely, digital audio and video recorders and players; portable digital music recorders/players; computer operating software for recoding, transmitting, receiving, amplifying and reproducing apparatus; digital cameras; digital video cameras; computer operating software for digital cameras; keyboards, touch surfaces and controls for use with computers and computer games, namely, touch pads, panels and screens; software for playing interactive educational programs, videos and computer games, namely, children's education software, video game software and computer game software; trackballs, and computer joysticks
Class 11: Apparatus and instruments for sterilizing, heating, lighting, cooking, refrigerating, drying or for sanitary purposes, namely, baby bottle sterilizers, heating installations, electric lighting fixtures, cooking ovens, refrigerators, clothing drying machines, sanitizing apparatus using ultraviolet light for sanitizing baby bottles not for medical purposes; electric heaters and warmers for baby feeding bottles and liquid and solid baby foodstuffs; apparatus for lighting; lamp chimneys; electric torches for lighting; electric blanket not for medical purposes; bathtubs; electric feet warmers
Class 24: Textiles, namely, bed linen, covers for strollers and cribs, namely, baby blanket and crib sheets and upholstery, namely, crib sheets for playpens for babies, bed blankets, bedspreads; towels, fabric home decorations, namely, pillow shams; substances cloths, namely, cotton cloth; bedding, namely, bed sheets, bed blankets; blankets for furniture, namely, unfitted fabric furniture covers; washing gloves; aforesaid goods for babies and children under 6 years
Class 28: Games and playthings, including educational games and toys, namely, baby multiple activity toys; toy music boxes; music toys, namely, toy pianos, sold as a unit with printed books in the field of music education; ride -on toys; pull and push toys; toy building blocks, soft sculpture toys, toys, namely, bath toys, sporting goods, namely, baseball bat; dress to play with, for babies and children, namely, doll clothing and doll costumes; puzzles; gymnastic and sporting articles not included in other classes, including climbing and stretching and playing objects, namely, gymnastic horizontal bars, gymnastic apparatus; baby rattles; bath toys; toy musical mobiles; jungle gyms for babies; video game machines
I believe the identification of goods in the remaining classes are acceptable as amended.
With your authorization I can enter the amendments by Examiner’s Amendment today and approve the application for publication. I look forward to hearing from you soon.
Regards,
/Jennifer M. Martin/
Jennifer McGarry Martin
United States Patent and Trademark Office
Examining Attorney, L.O. 116
(571) 272-9193