SERIAL NUMBER: 87202513
DATE: 06/28/2017
NAME: arinker
NOTE:
Hello Mr. Rinker,
It was good to talk with you today about the trademark applications for LORALS (Appl. Serial No. 87202513, LORALS-stylized (Appl. Serial No. 87202579), and LOVE ORAL ALWAYS (Appl. Serial No. 87202533). Per our conversation, Applicant Brazen Goods proposes the following changes to the class descriptions, as explained in more detail below.
Proposed Changes
International Class 010: Adult sexual stimulation aids, namely, condoms, dental dams, sex toys, lingerie for aiding in sexual activity, panties for aiding in sexual activity, underwear for aiding in sexual activity, disposable lingerie for aiding in sexual activity, disposable panties for aiding in sexual activity, disposable underwear for aiding in sexual activity, rubber and latex costumes for use in the fashion industry, intimacy-enhancing lingerie, barrier garments for sexual activity; Condoms; Dental dams; Sex toys
International Class 025: Lingerie; Underwear; Disposable underwear; Ladies' underwear
International Class 035: On-line retail store services featuring condoms, dental dams, sex toys, lingerie, panties, underwear, disposable lingerie, disposable panties, disposable underwear, rubber and latex costumes for use in the fashion industry, intimacy-enhancing lingerie, adult sexual stimulation aids, personal sexual lubricants, barrier garments for sexual activity
Medical Purpose of Class 010 Goods
As we discussed, the apparel goods at issue are worn during sexual activity to facilitate oral sex and to aid in sexual pleasure, which Brazen Goods maintains is a proper medical purpose for inclusion in Class 010 (see citations below). Brazen Goods respectfully requests that these items remain in Class 010, and that we add “…for aiding in sexual activity” after each apparel item, as shown above. This language is consistent with SHUNGA EROTIC ART, Reg. No. 2948832, which lists “adult sexual aids” as “namely, devices for aiding in copulation and masturbation” (emphasis added).
If this change does not suffice to indicate the medical purpose, please consider these other changes instead:
- “devices with the look of lingerie for aiding in sexual activity,” “devices with the look of panties for aiding in sexual activity,” etc.
- “adult sexual stimulation lingerie”, “adult sexual stimulation panties”, etc.
- “oral sex lingerie”, “oral sex panties”, etc.
- “lingerie for aiding in oral stimulation”, “panties for aiding in oral stimulation”, etc.
“Barrier Garments”
Brazen Goods appreciates the “barrier garments” language adjustment suggested by the Office Action of January 23, 2017, though we believe the suggested language defines the goods too narrowly. We respectfully request that the term instead be modified to “barrier garments for sexual activity” as shown above, or, in the alternative:
- “barrier garments for oral sex”
- “barrier garments, namely, garments incorporating a barrier between the user and a sexual partner”
- “barrier garments, namely, garments incorporating a scent-, fluid-, intimacy-, hygienic-, and/or disease-barrier between the user and a sexual partner”
Citations
Apparel Goods with (Non-Sexual) Medical Purpose in Class 010
VERA VASI, Reg. No. 4724601 (“Post-surgical medical compressive garments, namely, . . . shorts, underwear, boxer briefs, boxer shorts, panties, bras . . .”)
SHAPE YOUR BODY THE EZ WAY. CURVEEZ., Reg. No. 5121947 (“Post-pregnancy abdominal support and compression undergarments, girdles and underwear for medical purposes”)
PRENATAL, Reg. No. 3870314 (“Orthopedic articles, namely, orthopedic shoes, girdles, corsets, lingerie, namely, stockings for pregnant women, orthopedic shoes for children . . .”
BODYSIGNER, Reg. No. 4240359 (“orthopedic undergarments, namely, brassieres, girdles, panties . . .”)
SKINNIES, Reg. No. 5111985 (“Therapeutic garments, namely, undergarments, underwear . . . for people with skin or medical conditions, namely, eczema, psoriasis, epidermolysis bullosa and diabetes to enable them to manage, relieve or treat such condition . . .”)
THERMOFLOW, Reg. No. 4742336 (“Clothing, namely, t-shirts, . . . underwear and long johns, all for therapeutic use for improving circulation”)
Apparel Goods with Sexual Purpose in Class 010
HOWOSEX, Reg. No. 5132910 (“sex toys in the nature of edible underwear”)
HOLLYWOOD HEIGHTS, Reg. No. 5175211 (“sex toys in the nature of edible underwear”)
PETE, Reg. No. 4755935 (“Underwear with at least one retaining aperture for retaining a prosthetic phallus”)
AROUSAL WEAR, Reg. No. 4173204 (“Adult sexual stimulation aids, namely, unisex underwear made with fabrics designed to increase circulation”)
STILETTO BOUTIQUE, Reg. No. 4662934 (“Adult sexual stimulation aids, namely, . . . vibrating panties”)
MUSTANG RANCH, Reg. No. 4657182 (“Adult sexual stimulation aids, namely, . . . edible panties”)
Thank you,
Melanie Cristol
Melanie Cristol
Founder & CEO, Brazen Goods
+1 323 813 4220
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