NOTE TO THE FILE
SERIAL NUMBER: 88018692
DATE: 10/27/2018
NAME: acornwell
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From: McFeely, Brendan [mailto:BMcFeely@kanekessler.com]
Sent: Friday, October 26, 2018 5:31 PM
To: Cornwell, Andrea <Andrea.Cornwell@USPTO.GOV>; Trademark <Trademark@kanekessler.com>
Subject: RE: United States Trademark Application Serial Nos. 88085402 / circle design, 88018692 and 88085412 / BREAK FREE, 88018699 / MONADNOCK, and 88070561, 88070556, 88070543, and 88070549 / S
Ms Cornwall,
Thank you for the thorough work on the IDs in the below applications. Please see comments below in BOLD BLUE CAPS.
Best.
Brendan P. McFeely | Partner
KANE KESSLER, P.C.
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KANE|KESSLER
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From: Cornwell, Andrea [mailto:Andrea.Cornwell@USPTO.GOV]
Sent: Friday, October 26, 2018 12:24 PM
To: Trademark
Cc: McFeely, Brendan
Subject: RE: United States Trademark Application Serial Nos. 88085402 / circle design, 88018692 and 88085412 / BREAK FREE, 88018699 / MONADNOCK, and 88070561, 88070556, 88070543, and 88070549 / S
Importance: High
Mr. McFeely,
I just wanted to follow up on my e-mail below since I will need to act on these applications by Monday, October 29. Please let me know by then if you would like to proceed with the examiner’s amendment as outlined below.
Please note, I have noted an additional issue in Serial No. 88070543, in which it appears the applicant’s citizenship was omitted.
Many thanks,
Andrea
From: Cornwell, Andrea
Sent: Wednesday, October 24, 2018 3:45 PM
To: 'Trademark@kanekessler.com' <Trademark@kanekessler.com>
Subject: United States Trademark Application Serial Nos. 88085402 / circle design, 88018692 and 88085412 / BREAK FREE, 88018699 / MONADNOCK, and 88070561, 88070556, 88070543, and 88070549 / S
Importance: High
This email is intended for Brendan P. McFeely and/or any authorized attorney at Kane Kessler, P.C.
United States Trademark Application Serial Nos. 88085402 / circle design, 88018692 and 88085412 / BREAK FREE, 88018699 / MONADNOCK, and 88070561, 88070556, 88070543, and 88070549 / S
Dear Mr. McFeely,
I am the assigned trademark examining attorney for the above-referenced applications. The applications will be ready to proceed once applicant agrees to modify the identification of goods and/or services in all applications, and provide information about the MONADNOCK mark. If the changes below are acceptable, I will issue examiner's amendments accordingly:
CIRCLE DESIGN / Serial No. 88085402
Class 3: Gun cleaning preparations ACCEPTABLE
Class 4: Penetrating oil, gun barrel preserving oil and lubricating oils ACCEPTABLE
Class 13: Kits for cleaning and preserving firearms comprised primarily of an assortment of gun cleaning brushes, tie-on disposable cleaning sleeves specially adapted to gun cleaning brushes, centering cones, and containers of cleaning, lubricating and preserving oils ACCEPTABLE
BREAK FREE / Serial No. 88018692
Class 3: Gun cleaning preparations ACCEPTABLE
BREAK FREE / Serial No. 88085412
Class 13: Kits for cleaning and preserving firearms comprised primarily of an assortment of gun cleaning brushes, tie-on disposable cleaning sleeves specially adapted to gun cleaning brushes, centering cones, and containers of cleaning, lubricating and preserving oils ACCEPTABLE
MONADNOCK / Serial No. 88018699
In addition to the identification requirement below, applicant must explain whether the goods are manufactured, packaged, shipped from, sold in or have any other connection with the geographic location named in the mark.
Class 9: Body armor in the nature of riot suits and gear, namely, load-bearing vests, chest protectors, torso protector, upper body and shoulder protectors, elbow and forearm protectors, belt thigh and groin protectors and neck protectors; shin guards being protective body armor, hand-held protective riot shields for use by police, detention centers, correctional facilities and the like, and non-ballistic protective riot helmets ACCEPTABLE
S / Serial No. 88070561
Class 1: Chemical cleaning solvent for removing carbon buildup from firearms
; Barricade penetrating cartridges containing liquid irritant; Aerosol sprays for self-defense[the stricken goods belong in Class 13, see below] ACCEPTABLE AND PLEASE MOVE TO CLASS 13 OF THE ‘543 APPLICATION
Class 3: Gun cleaning solutions; degreasing preparations and cleaners for use on vehicles; firearm cleaning preparations in the nature of non-chemical solvents for removing carbon buildup
Class 4: Penetrating oil, gun barrel preserving oil and lubricating oils; Lubricants in the nature of lubricating gun oil having preservative properties formulated for use on firearms and edged weapons
Class 13: [Please note, you can move these goods to App. Ser. No. 88070543 per Section 1402.08 of the TMEP, to avoid adding a class to this application.] Projectiles, namely, barricade penetrating cartridges containing liquid irritant; Aerosol sprays for self-defense ACCEPTABLE AS NOTED ABOVE
Class 21: [currently acceptable] Gun cleaning patches and cloths, coffee mugs
S / Serial No. 88070556
Class 35: [currently acceptable] Promoting the interests of law enforcement personnel in the field of body armor safety
Class 41: Training services in the field of sizing of body armor; educational services, namely, developing training curriculums for others in the safety of law enforcement and civilians ACCEPTABLE
S / Serial No. 88070549
Class 5: Pharmaceutical preparations, namely, antidotes in the nature of pharmaceutical sprays for use in relieving the effects of personal defense sprays ACCEPTABLE, PLEASE ADD THIS CLASS. WHAT MUST BE DONE TO PAY ADDITIONAL FEE IF NECESSARY?
Class 6: Handcuff cases, metal handcuffs and metal handcuff keys; structural armor for guard booths and fortified armored positions, namely, armored doors of metal and armor-plating of metal for building; bullet-resistant modular wall systems primarily composed of wall panels of metal and metal bonding fasteners for mounting wall panels; Structural steel guard booths and fortified armored positions comprised primarily of steel tubing and metal armor plating for exterior wall and roof systems and also including glass polycarbonate composite armor for windows ACCEPTABLE
Class 8: Utility knife cases;
hand operated gun bore oiler;[it appears the stricken goods are in the nature of an oil-feeding can in Class 21] law enforcement safety equipment, namely, multi-stage positive lock tubular metal police batons; hand tools, namely, police batons, and police baton holders and covers; structural parts and fittings for all of the aforesaid; law enforcement safety equipment, namely, replaceable grips specially adapted for expandable and rigid police batons THE STRICKEN GOODS HAVE PREVIOUSLY BEEN ACCEPTABLE IN SECTION 8, SEE http://tsdr.gov.uspto.report/#caseNumber=73558313&caseType=SERIAL_NO&searchType=statusSearch
Class 10: Headsets for hearing protection without the ability to reproduce or transmit sound
; Pharmaceutical preparations, namely, pharmaceutical sprays for use in relieving the effects of personal defense sprays[the stricken goods belong in Class 5, see above] ACCEPTABLE
Class 11: Flashlight pockets in the nature of a flashlight holder; battery-operated lights for gun bores; firearm lights ACCEPTABLE
Class 20: [currently acceptable] Nonmetal key holders; plastic handcuff strip restraints
Class 21: [Please note, you can move these goods to App. Ser. No. 88070561 per Section 1402.08 of the TMEP, to avoid adding a class to this application.] hand operated oil-feeding can for gun bores ACCEPTABLE PLEASE MOVE TO ‘561 APPLICATION
S / Serial No. 88070543
In addition to the identification requirement below, applicant must specify its citizenship. Based on applicant’s other applications, it appears it is organized under the laws of Delaware. Please confirm whether this is true.
Class 6: [Please note, you can move these goods to App. Ser. No. 88070549 per Section 1402.08 of the TMEP, to avoid adding a class to this application.] finishes sold as an integral component of police and military duty gear belt accessories, namely, handcuff holders in the nature of pouches for attachment to duty gear belts ACCEPTABLE PLEASE MOVE TO ‘549 APPLICATION
Class 8: [Please note, you can move these goods to App. Ser. No. 88070549 per Section 1402.08 of the TMEP, to avoid adding a class to this application.] battering rams; finishes sold as an integral component of police and military duty gear belt accessories, namely, police baton holders for attachment to duty gear belts ACCEPTABLE PLEASE MOVE TO ‘549 APPLICATION
Class 9: Protective bullet resistant body armor, namely, bullet, slash and stab resistant body armor, protective vests and clothing; carriers for concealed panels specially adapted to protective body armor clothing; portable personal ballistic shields; ballistic helmets; personal protective equipment in the nature of body armor, namely, riot suits, shields, vests, torso protectors, groin protectors, shin guards, arm guards, knee and elbow pads, side panels for upper torso, helmets, gloves;
battering rams;[the stricken goods belong in Class 8] safety equipment, namely, clothing having concealed ballistic resistant plates used for body armor, hard plate personal body armor; tactical body armor worn by first response law enforcement officers including side panels for upper torso, protective load bearing vests reinforced with ballistic armor for holding tactical equipment; radio holders, cassette recorder cases; protective and deployment equipment, namely, backpacks, duffel bags and gear bags specially adapted for carrying body armor and protective body armor clothing and also incorporating hydration systems comprised of hydration packs containing a fluid reservoir, delivery tube and mouthpiece; communications headsets for use with communication radios, intercom systems, or other communications network transceivers; remote speaker microphone and high temperature headsets for use with communication radios ACCEPTABLE
Class 11: [Please note, you can move these goods to App. Ser. No. 88070549 per Section 1402.08 of the TMEP, to avoid adding a class to this application.] finishes sold as an integral component of police and military duty gear belt accessories, namely, flashlight holders for attachment to duty gear belts ACCEPTABLE PLEASE MOVE TO ‘549 APPLICATION
Class 13: Magazine pouches for ammunition; defense spray pouches; holsters; gun belts, rifle slings, cartridge pouches, cartridge clip pouches, cartridge slides being cartridge pouches specially adapted to gun belts, cartridge cases and pistol rugs in the nature of pistol holders; kits for cleaning firearms primarily comprised of nylon brushes, bronze brushes, pull cable and handle, picks, bore pull-through scrapers and also including related firearm cleaning accessories, namely, gun cleaning preparations and gun cleaning cloths; revolver speedloader holders for ammunition; ammunition caddies; cartridge pouches; gun cases; holster adapters specially adapted to firearms; holders specially adapted to magazines for weapons; gun-cleaning brushes; wiping rods for guns; kits for cleaning and preserving firearms composed of gun cleaning brushes and cleaning preparations;
gun cleaning patches and cloths;[these goods are properly classified in Class 21, and are already included in Ser. No. 88070561] rifle stocks; rifle scope rings; holster mounts; tap rack training aids (TRT) in the nature of blank cartridges; locking fork and plate specially adapted to holsters for securing holsters to belts and other firearm carriers; shooting accessories, namely, cheek pads specially adapted to rifles; firearm attachments, namely, mounts for attaching gun sights to a firearm, tri-rail adaptors being mounts for attaching accessories to a firearm, mounts for attaching lights to a firearm; grips and couplers specially adapted to magazines for weapons; self-defense weapons, namely, organic and chemical irritants in aerosol form for personal defense purposes; projectiles, grenades and gun ammunition cartridges containing organic and chemical irritants, smoke producing agents, rubber pellets, bean bag rounds and/or wood projectiles; stun grenades, grenade launchers and launching cartridges being explosive cartridges; reloadable stun grenades; cases sold empty specially adapted for gas bomb canisters of pepper gas and other defensive irritants; non-explosive personal defensive weapon in the nature of an organic irritant packaged in a pressurized spray canister; tear gas dispersing shells; tear gas grenades; personal defense sprays; non-lethal shells and grenades sold exclusively to governmental law enforcement agencies for use in crowd control; finishes sold as an integral component of police and military duty gear, namely, belts formilitary equipment,[military equipment can include items that are not in Class 13 so the belts for holding them would not be in Class 13, e.g., canteens, mess kits, flashlights, knives, binoculars, etc.] guns and cartridges; finishes sold as an integral component of police and military duty gear belt accessories for attachment to duty gear belts, namely, holsters, ammunition magazine holders,flashlight carriers,[flashlight holders are in Class 11]baton holders,[baton holders are in Class 8]handcuff pouches[handcuff holders are in Class 6] and aerosol personal defense spray can holders ACCEPTABLE
Class 18: Fabric pouches sold empty that may be used to hold gloves; leather goods, namely, key cases, handcuff cases; All-purpose carrying bags, namely, all-purpose utility bags and gear bags ACCEPTABLE
Class 25: [currently acceptable] Belts, gloves; apparel, namely, shirts, headwear
Please let me know by phone or email if you agree to allow me to correct the above by examiner's amendments or if you have any questions about the applications.
Kind regards,
Andrea Cornwell
Trademark Examining Attorney, Law Office 115
U.S. Patent & Trademark Office
Phone: (571) 272-4608
Fax: (571) 273-4608