NOTE TO THE FILE
SERIAL NUMBER: 86529017
DATE: 12/11/2015
NAME: kcrennan
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
X email Attorney/ApplicantRequested Law Library search 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
X Changed TRADEUPS to: amended and reclassified IDFrom: Garrett M. Weber [mailto:gweber@lindquist.com]
Sent: Tuesday, December 01, 2015 5:23 PM
To: Crennan, Kevin
Cc: Marilyn J. Hargens
Subject: RE: U.S. Trademark Application No. 86529017 LC LOST CREEK FISHING GEAR AND ACCESSORIES
Mr. Crennan,
Your proposed amendments are acceptable. Thank you.
Garrett Weber.
Garrett Weber | Partner | 612.371.3296 | gweber@lindquist.com | Biography
Lindquist & Vennum LLP | 4200 IDS Center, 80 S 8th St, Minneapolis, MN 55402 | Fax 612.371.3207
From: Crennan, Kevin [mailto:Kevin.Crennan@USPTO.GOV]
Sent: Monday, November 23, 2015 1:42 PM
To: Garrett M. Weber
Subject: U.S. Trademark Application No. 86529017 LC LOST CREEK FISHING GEAR AND ACCESSORIES
Hello Mr. Weber,
I’m inclined to drop the disclaimer requirement as to “LOST CREEK”, pending approval from my supervisor, but before that, Class 26 is still problematic. I intend to issue a final Section 2(d) likelihood of confusion refusal as to that class unless you delete it. Also, to match the identification in the co-pending application, “ice skimmers” should be amended to “hand tools in the nature of ice skimmers” so that they clearly belong in Class 8, and “fish finders” should be amended to “sonar fish finders” so that they clearly belong in Class 9. These are changes that can be made via an Examiner’s Amendment.
Finally, and this not only concerns this case but also U.S. Serial No. 86529008, I believe the clause “fitted boat motor covers” is misclassified in Class 12. I overlooked this in the initial examination. Because boat motors belong in Class 7, I believe that covers specially adapted for those goods would similarly belong in Class 7. If you can, when you file the Statement of Use for that case, please be sure to amend the classification of that clause to Class 7. I, myself, will make an internal note so that we can catch it on either end.
Regarding the above 2(d) and ID issues, though, a response by December 11th is requested.
/KGC/
Kevin G. Crennan
Trademark Examining Attorney
Law Office 113
United States Patent and Trademark Office
(571) 272-7949