NOTE TO THE FILE
SERIAL NUMBER: 86504974
DATE: 04/22/2015
NAME: tschimpf
NOTE:
Searched:
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X Other: Applicant's websiteDiscussed file with
Attorney via:
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X emailX Issued Examiner’s Amendment and entered changes in TRADEUPS
From: Schimpf, Timothy
Sent: Tuesday, April 21, 2015 2:24 PM
To: 'Spink, Michael'
Subject: RE: Trademark Application for SLIPX and SLIPX SOLUTIONS, Serial Nos. 86504954 and 86504974
Hello Mike, thank you for responding and I appreciate your prompt handling of these issues. If we can agree on only some of the identification changes at this time I can handle those right away for applicant and give applicant additional time to consider other identification changes. Or we can address all identification issues. Just let me know once you have a chance to consult with your client. Thank you.
Timothy Schimpf
Examining Attorney
Law Office 113
(571) 272-9072
From: Spink, Michael [mailto:mspink@brinksgilson.com]
Sent: Tuesday, April 21, 2015 2:19 PM
To: Schimpf, Timothy
Cc: AnnArborDocketing; Emerson, Briana
Subject: RE: Trademark Application for SLIPX and SLIPX SOLUTIONS, Serial Nos. 86504954 and 86504974
Timothy,
Thank you for your email below. I believe we can accept some of your suggestions, and on others we are scheduling a call with the client.
I will contact you by tomorrow afternoon, and hopefully we can reach agreement on the amendments.
Regards,
Mike
Michael N. Spink
Intellectual Property Attorney
734.302.6011|Direct
810.853.0142|Mobile
Brinks Gilson & Lione | 524 South Main Street - Suite 200 | Ann Arbor, MI 48104
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From: Schimpf, Timothy [mailto:Timothy.Schimpf@USPTO.GOV]
Sent: Tuesday, April 21, 2015 12:24 PM
To: Spink, Michael
Cc: AnnArborDocketing
Subject: Trademark Application for SLIPX and SLIPX SOLUTIONS, Serial Nos. 86504954 and 86504974
Hello, my name is Tim Schimpf and I am an examining attorney with the U.S. Patent and Trademark Office. I am reviewing the trademark applications for SLIPX and SLIPX SOLUTIONS, Serial Nos. 86504954 and 86504974. Overall, the applications look good, but there are a few issues with the identification of goods that need to be resolved. As both applications share the same identification of goods, the same issues apply to both applications. These issues can be resolved through an examiner’s amendment with applicant’s agreement.
In International Class 17, the wording “Non-slip, adhesive-backed bath and shower appliques” is indefinite as it does not specify the material composition. Based on applicant’s website, it appears applicant’s appliques are made from a material in the rubber family which is appropriate for International Class 17 as rubber goods are classified in International Class 17. The suggestion below adds the material composition rubber.
In International Class 19, the wording “Goods for prevention of accidental slips and falls, namely, non-skid treads for stairs, floors, halls, walks, bathtubs, shower stalls, and other similar locations” is indefinite due to the use of the word “treads”. The word “tread” is the common commercial name for the upper horizontal part of a step in a staircase. In International Class 19, applicant properly identifies stair treads not of metal and non-skid treads for stairs. However, treads for “floors, halls, walks, bathtubs, shower stalls, and other similar locations” is indefinite as it is unclear whether applicant is referring to stairs in these locations or some sort of non-skid “tread” for non-stair use. Based on applicant’s website, it appears applicant uses the word “tread” to refer to a non-slip adhesive strip for floors, halls, walks, bathtubs, shower stalls, and other similar locations to help with traction. That type of “tread” good would not be in International Class 19. Instead, what applicant appears to be referencing is the goods they have identified in International Class 17, “Anti-slip tape for placement on surfaces to prevent slipping”. To clarify applicant’s goods in both of these classes, I suggest amending the goods in International Class 17 to “adhesive anti-slip tape for placement on stairs, floors, halls, walks, bathtubs, shower stalls, and other flooring applications” and the goods in International Class 19 to “Goods for prevention of accidental slips and falls, namely, non-metal non-skid stair treads.” This clarification should encompass all the “treads” goods applicant has on its website.
In International Class 20, the wording “suction cup products, namely utility hooks, utility shelves, toothbrush holders, cup holders, and shower caddies” is not acceptable as these products are not classified by the fact that they include a suction cup but instead are classified by their function. Specifically, non-metal hooks and shelves are classified in International Class 20 while toothbrush holders, cup holders, and shower caddies are all classified in International Class 21. As applicant has identified both International Classes 20 and 21 these goods need only be amended to their proper classification with the addition of wording specifying how the goods are secured by suction cups.
In International Class 21, the wording “splash guards for bath and shower areas” is not acceptable and indefinite as it does not specify the nature of the splash guard. Typically, splash guards are a piece of plastic or something similar attached to the shower or tub enclosure to keep water from splashing out. If applicant is identifying those goods, they are bath and shower enclosure parts that are properly classified in International Class 11 (which applicant has not identified). I took a look at applicant’s website and the splash guard applicant is advertising is actually something that is specially adapted to attach to shower curtain. If applicant is identifying those goods, those would be in International Class 24 which applicant has already identified. Applicant would need to amend the wording and switch the goods to International Class 24.
Also in International Class 21, the wording “stoppers, covers and strainers for household drains” is indefinite and partially misclassified. Drain stoppers for household drains are properly classified in International Class 21. However, strainers for household plumbing drains are properly classified in International Class 11 which applicant has not identified. Covers for household drains is indefinite as it is unclear whether the covers are stoppers or strainers. Based on applicant’s website, it appears the cover is a type of drain stopper that is a bath overflow drain cover which would be in International Class 21.
Applicant has paid for six classes for each application. The suggestion below includes seven classes of goods with the addition of International Class 11. Applicant can either limit the goods to six of the classes below, such as not adding International Class 11, or add an additional class for each application. Applicant would need to pay the additional class fee of $325 per class per application. I can amend the identification for applicant with applicant’s approval. If applicant is adding the class, I can give you instructions about how to pay the fee.
I suggest amending the identification to:
“Bathtub and shower enclosure parts, namely, splash guards; strainers for household plumbing drains” in International Class 11.
“Adhesive anti-slip tape for placement on stairs, floors, halls, walks, bathtubs, shower stalls, and other flooring applications to prevent slipping; non-slip, rubber adhesive-backed bath and shower appliques” in International Class 17.
“Goods for prevention of accidental slips and falls, namely, non-metal non-skid stairs treads; stair treads not of metal” in International Class 19.
“Shower curtain hooks and rings; shower curtain rods; non-metal utility hooks secured by suction cups; utility shelves secured by suction cups” in International Class 20.
“Squeegees; drain stoppers for household drains; drain stopper, namely, bath overflow drain cover; bath and bathroom accessories, namely, soap dishes, soap holders, toothbrush holders, cup holders, and shower caddies; bath accessories, namely, cup holders secured by suction cups; toothbrush holders secured by suction cups; shower caddies secured by suction cups” in International Class 21.
“Shower curtain liners; curtains of plastic; splash guards specially adapted for use with shower curtains” in International Class 24.
“Bath and shower mats; decorative slip-resistant floor covering in sheet and strip form for floors and walkways; non-slip bathtub and shower stall mats” in International Class 27.
I apologize for the short deadline, but I need an answer by tomorrow afternoon, Wednesday April 22. If applicant won’t be able to decide on the amendments by then, I’ll issue an Office action detailing the issues. Applicant would still be able to agree to an examiner’s amendment by contacting me through email or by phone or could also respond by submitting a formal response through the USPTO website. Please let me know by tomorrow afternoon if applicant agrees to the above amendments at this time. If so, I can make the amendments through an examiner’s amendment and approve the applications for publication.
If you would prefer, I would be happy to discuss this over the telephone at the number listed below. If you have any questions, please let me know.
Timothy Schimpf
Examining Attorney
Law Office 113
(571) 272-9072