Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 3/23/2016

 

 

INTRODUCTION:  This examiner’s amendment follows a previous examiner’s amendment issued on March 22, 2016 where the following requirements were addressed: amend the identification of goods and amend the description of the mark.

 

However, upon further consideration, an additional amendment to the identification was necessary; this examiner’s amendment has been issued in order to address the additional identification issue.  As stated in the previous examiner’s amendment, the trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Richard S. Donnell on March 23, 2016, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

Identification of Goods

 

            International Class 9: Reflective and illuminated clothing for safety purposes; Reflective

running and walking vests for safety purposes; Safety products, namely, reflective safety bands to be worn on the body; Safety products, namely, reflective safety bands to be worn on the body and incorporating a light emitting diode (LED); Safety products, namely, a clip-on light emitting diode (LED) incorporating a reflector; Armbands specially adapted for personal electronic devices, namely, mobile phones and smartphones; Pedometers; Fitness and activity trackers, namely, multifunctional electronic devices for displaying, measuring and uploading to the Internet information on fitness activity and individual user fitness information; Downloadable mobile applications for monitoring, tracking and viewing fitness activity and individual user fitness information

 

            International Class 10: Heart rate monitors; Foam Massage Rollers; massage apparatus,

namely, Massage Rollers; massage apparatus, namely, Massage Balls

 

            International Class 18: Wallets; Wrist mounted wallets; Waist packs

 

            International Class 21: Sports bottles sold empty; Water bottles sold empty; Water bottles

and sport bottles sold empty and featuring a storage pouch and hand strap or waistband

 

            International Class 24: Cooling towels not for medical or protective purposes

 

            International Class 25: Headbands; Wristbands; Sweatbands; Sports vests; Clothing,

namely, athletic sleeves; cooling clothing wraps not for medical or protective purposes

 

Advisory

As discussed on March 22, 2016, upon entry of this examiner’s amendment an Office action will issue to address the Section 2(d) refusal.

 

 

/Jessica Hilliard/

Jessica Hilliard

Examining Attorney, Law Office 120

Ph: 571-272-4031

Jessica.Hilliard@uspto.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/23/2016 FOR U.S. APPLICATION SERIAL NO.86846126

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.