| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
85882558 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85882558 |
| LITERAL ELEMENT |
COASTAL |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
|
The class 8 goods have been amended as suggested by the Examining Attorney who appears to question the identity of the "rakes". "Rake" is the common commercial name in the pet industry for
this product. It is a grooming utensil, somewhat like a comb, but it is used to pull hair from the pet that might be close to the skin. The recitation of the goods has been amended in an
attempt to clarify this, but if the Examining Attorney has a better suggestion such would be appreciated.
Regarding class 18, the ID tags have been deleted and the nature of the tie-outs has been specified. Also, the waste bags are not plastic, but like the treat bags, are of a fabric.
|
| GOODS AND/OR SERVICES SECTION (008)(current) |
| INTERNATIONAL CLASS |
008 |
| DESCRIPTION |
| Pet products, namely, nail files, trimmers, shedding blades, rakes |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/00/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/00/1995 |
| GOODS AND/OR SERVICES SECTION (008)(proposed) |
| INTERNATIONAL CLASS |
008 |
| TRACKED TEXT DESCRIPTION |
Pet products, namely, nail files, trimmers, shedding blades, rakes; Pet grooming utensils, namely, nail files, hair trimmers, shedding blades, and undercoating rakes to pull up the pet's hair from close to the skin |
| FINAL DESCRIPTION |
| Pet grooming utensils, namely, nail files, hair trimmers, shedding blades, and undercoating rakes to pull up the pet's hair from close
to the skin |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/00/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/00/1995 |
| GOODS AND/OR SERVICES SECTION (016)(no change) |
| GOODS AND/OR SERVICES SECTION (018)(current) |
| INTERNATIONAL CLASS |
018 |
| DESCRIPTION |
| Pet products, namely, muzzles, ID tags, tie-outs, portable textile bags for carrying treats, and portable bags for carrying waste; pet
clothing, namely, bandannas, T-shirts, and caps; and equine and bovine halters, collars, trailer ties, and cross ties |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/00/1969 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/00/1969 |
| GOODS AND/OR SERVICES SECTION (018)(proposed) |
| INTERNATIONAL CLASS |
018 |
| TRACKED TEXT DESCRIPTION |
Pet products, namely, muzzles, ID tags, tie-outs, portable textile bags for carrying treats, and
portable bags for carrying waste; Pet products, namely, muzzles; pet products in the nature of restraining devices, namely
tie-out stakes, tie-out chains, tie-out ropes, and tie-out cables; portable textile bags for carrying treats, and portable textile bags for carrying
waste; pet clothing, namely, bandannas, T-shirts, and caps; and equine and bovine halters, collars, trailer ties, and cross ties |
| FINAL DESCRIPTION |
| Pet products, namely, muzzles; pet products in the nature of restraining devices, namely tie-out stakes, tie-out chains, tie-out ropes,
and tie-out cables; portable textile bags for carrying treats, and portable textile bags for carrying waste; pet clothing, namely, bandannas, T-shirts, and caps; and equine and bovine halters,
collars, trailer ties, and cross ties |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/00/1969 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/00/1969 |
| GOODS AND/OR SERVICES SECTION (021)(no change) |
| GOODS AND/OR SERVICES SECTION (028)(no change) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/EDWARD G. GREIVE/ |
| SIGNATORY'S NAME |
EDWARD G. GREIVE |
| SIGNATORY'S POSITION |
ATTORNEY OF RECORD (Ohio Bar Member) |
| SIGNATORY'S PHONE NUMBER |
(330) 376-1242 |
| DATE SIGNED |
11/22/2013 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Nov 22 10:10:23 EST 2013 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0131122101023595929-85882
558-5008debe3f63fe2711be3
70ce8216c72b0659d2f1efebd
7e4b9d6cafe5d697217-N/A-N
/A-20131122093122733216 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85882558 COASTAL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85882558) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The class 8 goods have been amended as suggested by the Examining Attorney who appears to question the identity of the "rakes". "Rake" is the common commercial name in the pet industry for
this product. It is a grooming utensil, somewhat like a comb, but it is used to pull hair from the pet that might be close to the skin. The recitation of the goods has been amended in an
attempt to clarify this, but if the Examining Attorney has a better suggestion such would be appreciated.
Regarding class 18, the ID tags have been deleted and the nature of the tie-outs has been specified. Also, the waste bags are not plastic, but like the treat bags, are of a fabric.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Pet products, namely, nail files, trimmers, shedding blades, rakes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/00/1995 and first used in commerce at least as early as 05/00/1995 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Pet products, namely, nail files, trimmers, shedding blades, rakes;
Pet grooming utensils, namely,
nail files, hair trimmers, shedding blades, and undercoating rakes to pull up the pet's hair from close to the skinClass 008 for Pet grooming utensils, namely, nail files, hair trimmers,
shedding blades, and undercoating rakes to pull up the pet's hair from close to the skin
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/00/1995 and first used in commerce at least as early as 05/00/1995 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Pet products, namely, muzzles, ID tags, tie-outs, portable textile bags for carrying treats, and portable bags for carrying waste; pet clothing, namely, bandannas,
T-shirts, and caps; and equine and bovine halters, collars, trailer ties, and cross ties
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/1969 and first used in commerce at least as early as 01/00/1969 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Pet products, namely, muzzles, ID tags, tie-outs, portable textile bags for carrying treats, and portable bags for carrying
waste;
Pet products, namely, muzzles;
pet products in the nature of restraining devices, namely tie-out stakes, tie-out
chains, tie-out ropes, and tie-out cables;
portable textile bags for carrying treats, and portable textile bags for carrying waste;
pet clothing, namely, bandannas, T-shirts, and caps;
and equine and bovine halters, collars, trailer ties, and cross tiesClass 018 for Pet products, namely,
muzzles; pet products in the nature of restraining devices, namely tie-out stakes, tie-out chains, tie-out ropes, and tie-out cables; portable textile bags for carrying treats, and portable textile
bags for carrying waste; pet clothing, namely, bandannas, T-shirts, and caps; and equine and bovine halters, collars, trailer ties, and cross ties
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/1969 and first used in commerce at least as early as 01/00/1969 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /EDWARD G. GREIVE/ Date: 11/22/2013
Signatory's Name: EDWARD G. GREIVE
Signatory's Position: ATTORNEY OF RECORD (Ohio Bar Member)
Signatory's Phone Number: (330) 376-1242
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 85882558
Internet Transmission Date: Fri Nov 22 10:10:23 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013112210102359
5929-85882558-5008debe3f63fe2711be370ce8
216c72b0659d2f1efebd7e4b9d6cafe5d697217-
N/A-N/A-20131122093122733216