Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88103362

DATE:                                07/15/2019

NAME:                               tmessick

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
    X   phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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
     Changed TRADEUPS to:

     OTHER:

From: Peter Kunin [mailto:pkunin@drm.com]
Sent: Saturday, July 13, 2019 8:33 AM
To: Messick, Tabitha <Tabitha.Messick@USPTO.GOV>
Cc: Jennifer Parent <jparent@drm.com>
Subject: RE: Follow up re: your trademark DYNEX, Serial no. 88103362 [DRM-ID.FID970617]

 

Tabitha,

 

The applicant agrees to the changes you requested, including “climber sewn webbing” in Class 28.  To recap, you are authorized to issue an Examiner’s Amendment to amend the ID as set forth below, in blue.  Of course, if I missed anything, please let me know.  Thank you for your help!  --Peter

 

Class 6: Mountaineering and climbing safety equipment, namely, crampons; component feature of mountaineering and climbing safety equipment, namely, crampons, in the nature of high strength polyethylene fibers sold as an integral a component feature of crampons

 

Class 9: Mountaineering and climbing safety equipment, namely, climbing helmets; component feature of mountaineering and climbing safety equipment, namely, climbing helmets, in the nature of high strength polyethylene fibers sold as an integral a component feature of climbing helmets

 

Class 18: Straps for trekking poles; component feature of straps for trekking poles, namely, high strength polyethylene fibers sold as an integral a component feature of straps for trekking poles

 

Class 22: Tents; component feature of tents, namely, high strength polyethylene fibers sold as an integral a component feature of tents; mountaineering and climbing safety equipment, namely, ropes; component feature of mountaineering and climbing safety equipment, namely, ropes, in the nature of high strength polyethylene fibers sold as an integral a component feature of ropes

 

Class 24: Sleeping bags; component feature of sleeping bags, namely, high strength polyethylene fibers sold as an integral a component feature of sleeping bags

 

Class 25: Outdoor clothing intended for skiing, climbing, mountaineering, and other outdoor sports, in particular parkas, shells jackets and pants; component feature of outdoor clothing, namely, high strength polyethylene fibers sold as an integral a component feature of outdoor clothing intended for skiing, climbing, mountaineering, and other outdoor sports, in particular parkas, shells jackets and pants all intended for skiing, climbing, mountaineering, and other outdoor sports; footwear; component feature of high strength polyethylene fibers sold as an integral a component feature of footwear

 

Class 28: Mountaineering and climbing equipment, namely, climber slings, climber harnesses, climber sewn webbing, and cams in the nature of spring loaded camming devices; component feature of mountaineering and climbing equipment, namely, high strength polyethylene fibers sold as an integral a component feature of mountaineering and climbing equipment, namely, in the nature of climber slings, climber harnesses, climber sewn webbing and cams in the nature of spring loaded camming devices; backpacks and bags specially adapted for skiing, climbing and mountaineering; component feature of backpacks and bags specially adapted for skiing, climbing and mountaineering, namely, high strength polyethylene fibers sold as an integral a component feature of backpacks and bags specially adapted for skiing, climbing and mountaineering

 

 

From: Messick, Tabitha
Sent: Monday, July 08, 2019 8:38 PM
To: 'pkunin@drm.com' <pkunin@drm.com>
Subject: Voicemail follow re: your trademark DYNEX, Serial no. 88103362

 

Good evening Peter,

 

I received your voicemail and will call you back tomorrow. I’ll relook at the “climber webbing” and applicant’s goods you mentioned and examples of third party goods. I think we can get it settled.

 

I was just seeing synthetic webbing and climbing ropes in Class 22, and other types of webbing in Class 28 so just wanted to add some additional clarifying language to make it perfectly clear about the nature of the goods and proper classification in Class 28.  The wording “climber webbing” hasn’t been accepted on the Register so I’m hoping we can find some accurate language to describe the goods. The “slacklines” language is often used with webbing, but I realize that doesn’t accurately describe the goods.

 

Talk with you tomorrow,

 

 

 

From: Messick, Tabitha
Sent: Wednesday, July 03, 2019 4:42 PM
To: pkunin@drm.com
Cc: tmip@drm.com
Subject: Regarding your trademark DYNEX, Serial no. 88103362

 

Good afternoon Peter,

 

I am the trademark examining attorney reviewing your trademark application for DYNEX, Serial no. 88103362. We recently received your response and I will be dropping the Section 2(d) Refusal. The response about the significance of the mark is also accepted.

 

There are several relatively minor identification amendments that I am hopeful we can resolve quickly over phone or email.  I know we’ve talked about this application in the past on the phone.  In general, after reviewing identifications that have been accepted on the Register, I am ok with taking out some of the prefatory language about the fibers since it is a bit confusing and having a “high strength polyethylene fibers sold as a component feature of…” as a model for the identification items below.

 

In Class 25, I apologize for missing this the first time, but “shells” needs to be further specified as “shell jackets.”  

 

With Class 28, we need to further clarify the “climber webbing.”

 

• Class 6: Mountaineering and climbing safety equipment, namely, crampons; high strength polyethylene fibers sold as a component feature of crampons

 

• Class 9: Mountaineering and climbing safety equipment, namely, climbing helmets; high strength polyethylene fibers sold as a component feature of climbing helmets

 

• Class 18: Straps for trekking poles; high strength polyethylene fibers sold as a component feature of straps for trekking poles

 

• Class 22: Tents; high strength polyethylene fibers sold as a component feature of tents; mountaineering and climbing safety equipment, namely, ropes; high strength polyethylene fibers sold as a component feature of ropes

 

• Class 24: Sleeping bags; high strength polyethylene fibers sold as a component feature of sleeping bags

 

• Class 25: Outdoor clothing intended for skiing, climbing, mountaineering, and other outdoor sports, in particular parkas, shell jackets and pants; high strength polyethylene fibers sold as a component feature of parkas, shell jackets and pants, all intended for skiing, climbing, mountaineering, and other outdoor sports; footwear; high strength polyethylene fibers sold as an component feature of footwear

 

• Class 28: Mountaineering and climbing equipment, namely, climber slings, climber harnesses, safety equipment in the nature of {further specify “webbing” as slackline/rope/sports equipment?, e.g., slacklines compromised of webbing between two anchors and used for moving between two points}climber webbing, and cams in the nature of spring loaded camming devices; high strength polyethylene fibers sold as component feature of mountaineering and climbing equipment in the nature of climber slings, climber harnesses, {further clarify} climber webbing and cams in the nature of spring loaded camming devices; backpacks and bags specially adapted for skiing, climbing and mountaineering; high strength polyethylene fibers sold as component feature of backpacks and bags specially adapted for skiing, climbing and mountaineering  in the nature of backpacks and bags specially adapted for skiing, climbing and mountaineering

 

 

Please contact me back at your earliest convenience. I can make these changes via Examiner’s Amendment and then move the mark to publication review.

Thank you,