Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            87462841

DATE:                                08/28/2017

NAME:                               jtoy

NOTE:         

Searched:                                                             Discussed ID with:
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Checked:                                                              Discussed Geo. Sig. with:
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     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT         Added design code in TRADEUPS
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                                            drawing
     Negative translation statement             
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                                            about misclassified definite ID
     Changed TRADEUPS to:

     OTHER:

From: Weidlich, Paul S. [mailto:PWeidlich@chamblisslaw.com]
Sent: Monday, August 28, 2017 11:37 AM
To: Toy, Joshua <Joshua.Toy@USPTO.GOV>
Subject: RE: SN. 87462841 "CHROMA" DN. 2288213-1702

 

Josh,

 

The proposed Examiner's Amendment to the goods description is acceptable.

 

If you need anything else, please let me know.  Thank you,

 

Paul S. Weidlich
Registered Patent Attorney

Chambliss, Bahner & Stophel, P.C.
Liberty Tower
605 Chestnut Street, Suite 1700
Chattanooga, TN 37450

P (423) 757-0232
F (423) 508-1232
C (423) 653-1573
pweidlich@chamblisslaw.com | www.chamblisslaw.com

From: Toy, Joshua [mailto:Joshua.Toy@USPTO.GOV]
Sent: Monday, August 28, 2017 7:30 AM
To: Weidlich, Paul S. <PWeidlich@chamblisslaw.com>
Subject: RE: SN. 87462841 "CHROMA" DN. 2288213-1702

 

Mr. Weidlich:

 

I am writing to follow-up on my email sent on August 24th in regards to Application SN. 87462841.  As noted in my prior email, the identification of goods requires amendment.  I must receive approval for an examiner’s amendment no later than tomorrow (August 29, 2017) in order to expedite the prosecution and avoid formalizing the requirement in an Office action.  Accordingly, please let me know at your earliest convenience whether we can proceed in this manner.

 

As indicated in my prior email, I suggest amending the identification of goods as follows, if accurate:

 

In Class 28, artificial climbing walls and accessories therefor in the nature of  kits for building artificial climbing walls comprising climbing wall panels, wall plates, handholds, footholds, route markers; educational elements for climbing walls in the nature of climbing aids being impact markers in the nature of pressure sensitive reusable impact labels that display letters, numbers and shapes for attachment to artificial climbing walls to indicate the order of hands and foot placement when climbing, climbing wall coverings in the nature of fitted protective covers specially adapted for artificial climbing walls, play mats in the nature of climbing wall safety padded floor plates specially adapted  for use with artificial climbing walls to prevent injury during artificial wall climbing, climbing wall pegs for use with climbing wall panels in the nature of holds for artificial climbing walls, wall plates in the nature of structural parts of artificial climbing walls, handholds and footholds in the nature of holds for artificial climbing walls, removable climbing wall markers in the nature of climbing aids being impact markers in the nature of pressure sensitive reusable impact labels for attachment to artificial climbing walls to indicate the order of hands and foot placement when climbing; freestanding artificial climbing walls; and stationary artificial climbing walls

 

I look forward to hearing from you.

 

Thanks,

 

Josh

 

Joshua S. Toy

Trademark Attorney

U.S. Patent and Trademark Office

Madison Building

Law Office 120

600 Dulany Street

Alexandria, VA 22314

joshua.toy@uspto.gov

Phone: 571-272-4856

Fax: 571-273-4856

 

 

From: Toy, Joshua
Sent: Thursday, August 24, 2017 8:30 AM
To: 'pweidlich@chamblisslaw.com' <pweidlich@chamblisslaw.com>
Subject: SN. 87462841 "CHROMA" DN. 2288213-1702

 

Mr. Weidlich:

 

I have examined Application SN. 87462841, and it looks pretty good.  The identification of goods, however, requires amendment.  Specifically, the following portions of the identification are indefinite because each could identify goods in multiple classes:

 

-           “artificial climbing walls and accessories therefor, namely, climbing wall panels, wall plates, handholds, footholds, route markers” – this wording could identify, for example: Class 6, wall panels of metal; or Class 28, kits for building artificial climbing walls.

-          “educational elements for climbing walls, namely, letter, numbers and shapes for use with a climbing wall” and “educational elements for climbing walls, namely … removable climbing wall markers” – these portions of the identification each could identify, for example – Class 9, electric signs to direct climbers in a climbing gym; or Class 28, climbing aids being impact markers in the nature of pressure sensitive reusable impact labels for attachment to artificial climbing walls to indicate the order of hands and foot placement when climbing.

-          “educational elements for climbing walls, namely, … climbing wall coverings” – this wording could identify, for example – Class 27, plastic wall coverings; or Class 28, fitted protective covers specially adapted for artificial climbing walls.

-          “educational elements for climbing walls, namely, … play mats” – this wording could identify, for example: Class 27, foam mats for use on play area surfaces; or Class 28, climbing wall safety padded floor plates specially adapted  for use with artificial climbing walls to prevent injury during wall climbing.

-          “educational elements for climbing walls, namely, … climbing wall pegs for use with climbing wall panels” – this wording could identify, for example: Class 6, metal pegs; or Class 28, holds for artificial climbing walls.

-          “educational elements for climbing walls, namely, … wall plates” – this wording could identify, for example: Class 6, wall panels of metal; or Class 28, structural parts of artificial climbing walls.

-          “educational elements for climbing walls, namely, … handholds and footholds” – this wording could identify, for example: Class 22, tethers in the nature of polypropylene straps that are secured with suction cups to an object for holding children's utensils and toys; or  Class 28, holds for artificial climbing walls.

 

Accordingly, I suggest the following amendment:

 

In Class 28, artificial climbing walls and accessories therefor in the nature of  kits for building artificial climbing walls comprising climbing wall panels, wall plates, handholds, footholds, route markers; educational elements for climbing walls in the nature of climbing aids being impact markers in the nature of pressure sensitive reusable impact labels that display letters, numbers and shapes for attachment to artificial climbing walls to indicate the order of hands and foot placement when climbing, climbing wall coverings in the nature of fitted protective covers specially adapted for artificial climbing walls, play mats in the nature of climbing wall safety padded floor plates specially adapted  for use with artificial climbing walls to prevent injury during artificial wall climbing, climbing wall pegs for use with climbing wall panels in the nature of holds for artificial climbing walls, wall plates in the nature of structural parts of artificial climbing walls, handholds and footholds in the nature of holds for artificial climbing walls, removable climbing wall markers in the nature of climbing aids being impact markers in the nature of pressure sensitive reusable impact labels for attachment to artificial climbing walls to indicate the order of hands and foot placement when climbing; freestanding artificial climbing walls; and stationary artificial climbing walls

 

If you approve of these changes, I can take care of them on my end via examiner’s amendment in order to expedite the prosecution of the application.

 

Please do not hesitate to contact me if you would like to discuss this issue.  I look forward to hearing from you.

 

Thanks,

 

Josh

 

Joshua S. Toy

Trademark Attorney

U.S. Patent and Trademark Office

Madison Building

Law Office 120

600 Dulany Street

Alexandria, VA 22314

joshua.toy@uspto.gov

Phone: 571-272-4856

Fax: 571-273-4856

 

 

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