NOTE TO THE FILE
SERIAL NUMBER: 88101387
DATE: 12/04/2018
NAME: thussain
NOTE:
From: Quinn, Anna (LG) [mailto:aquinn@lathropgage.com]
Sent: Tuesday, December 04, 2018 1:06 PM
To: Hussain, Tasneem <Tasneem.Hussain@USPTO.GOV>
Cc: Jiles, Maggie E. (LG) <mjiles@lathropgage.com>
Subject: RE: SERIAL NUMBER 88101387 POLYGREEN - one issue
Dear Examiner Hussain,
Thank you for your email. Please proceed with the description “underlayment padding for artificial turf” in IC 027. If you require anything further, please do not hesitate to reach out.
Best regards,
Anna
Anna Quinn
Associate
Lathrop Gage LLP
10851 Mastin Blvd, Building 82, Suite 1000
Overland Park, KS 66210-1669
Direct: 913.451.5153 | Fax: 913.451.0875
aquinn@lathropgage.com
From: Hussain, Tasneem [mailto:Tasneem.Hussain@USPTO.GOV]
Sent: Monday, December 3, 2018 1:25 PM
To: Quinn, Anna <aquinn@lathropgage.com>; Jiles, Maggie E. <mjiles@lathropgage.com>
Subject: SERIAL NUMBER 88101387 POLYGREEN - one issue
Good afternoon,
I am the examining attorney assigned to the application cited above. The following must be resolved before the application can proceed to registration.
Identification of Goods
The wording “underlayment padding for flooring” in Class 027 in the identification of goods is indefinite and must be clarified because it encompasses:
“Sound absorbing flooring underlayment” or “Padding materials of rubber or plastics” in Class 017,
“Flooring underlayments” in Class 019, and
“Carpet underlays” or “Underlayment padding for artificial turf” in Class 027.
Using http://www.xgrass.com/artifical-turf-padding.html or http://www.mulchoutfitters.com/playground-foam-padding.html or http://engagefully.org/Exhibitors/Details/422466 as a guide, the following is suggested:
“Underlayment padding for artificial turf” in Class 027
See TMEP §§1402.01, 1402.03. Applicant must specify the type of goods and classify them in the appropriate class. For assistance with identifying and classifying goods, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tmidm.gov.uspto.report/id-master-list-public.html. See TMEP §1402.04. See advisories below regarding classifications.
CONCLUSION: If you/an authorized person (e.g., attorney of record– please provide title) agree(s) to the above, I can prepare an Examiner's Amendment and approve the application immediately. Alternatively, if you propose new amendments clarifying the nature of the goods and the wording is not directly from the USPTO's online ID Manual, please explain why you believe the wording would be acceptable and properly classified.
If I do not hear from you by the close of business on THURSDAY, 12pm (EST), I will have to proceed with a formal Office Action but you may still respond thereafter to agree to the above. If you need additional time, please let me know and I can issue a Priority Action; you may then email me to resolve the issue.
Please acknowledge receipt of this message.
Thank you,
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gutta-percha, gum, asbestos, mica or substitutes therefor.
Class 19 includes mainly non-metallic building materials
Class 27 includes mainly products intended to be added as furnishings to previously constructed floors and walls. It includes carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings but does not include wooden flooring which is in Class 019.