NOTE TO THE FILE
SERIAL NUMBER: 86665679
DATE: 09/22/2015
NAME: jgriffin
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:
X phone Left message with
X 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: Griffin, Jim
Sent: Monday, September 21, 2015 3:46 PM
To: 'terence.obrien@amersports.com'
Cc: 'alex.andorfer@amersports.com'
Subject: FREE RANGE trademark application, ser. no. 86665679
Importance: High
Hi Terence,
I’m the examiner reviewing your application.
The only issue with this application is the same Class 28 objection I made for GAME TIME, which I sent on Friday. Specifically:
The wording used to describe the goods is indefinite and must be clarified. See TMEP §1402.01. Specifically, in Class 28, “electronic sports games” is indefinite. If these are hand-held games, they are correctly classified in Class 28. However, game software is in Class 9.
Applicant may substitute the following wording, if accurate:
[new class] Electronic sports game SOFTWARE (Class 9), and/or
Sporting goods, namely, golf balls, golf clubs, golf shafts, golf bags, sports racquets, namely, tennis racquets, squash racquets, badminton racquets, racquetball racquets, tennis balls, racquetballs, racquet string, paddle ball racquets, shuttlecocks, softballs, baseballs, baseball gloves, softball gloves, ball bats, namely, baseball and softball bats, basketballs, footballs, football compression girdles, soccer balls, volleyballs; sports bags designed to be specifically adapted for carrying sports equipment, namely, tennis backpacks, tennis bags, racquet ball bags, squash bags, badminton bags, bat bags, golf bags, basketball tube bags, volleyball tube bags, and sports equipment bags; protective equipment, namely, throat protectors for athletic use, facemasks for football and baseball, chest protectors for athletic use, leg guards for athletic use, knee pads for athletic use, elbow guards for athletic use, and shin guards for athletic use; golf gloves and racquetball gloves; HANDHELD electronic sports game CONSOLES (Class 28).
If you want to limit the goods to Class 28 items, I can do that for you via examiner’s amendment and get this one approved. If you’d like to add Class 9, you can pay the fee to do so here: http://teas.gov.uspto.report/office/pra/ and then I can do an examiner’s amendment to add that Class.
Let me know how you’d like to proceed.
Regards,Jim Griffin
James T. Griffin
Examining Attorney, Law Office 103
United States Patent & Trademark Office
571-272-9169 (voice)
571-273-9169 (fax)