NOTE TO THE FILE
SERIAL NUMBER: 88177108
DATE: 02/06/2019
NAME: ekon
NOTE:
From: Mark Hubert [mailto:markhubert@pacifier.com]
Sent: Wednesday, February 06, 2019 6:04 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Subject: Re: Re IDIO and Triangle Design Trademark Applications #88177108 and 88182386
Elissa, All the changes you propose are acceptable to me - please proceed as an examiner’s amendment.
On Feb 6, 2019, at 1:24 PM, Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV> wrote:
Dear Mr. Hubert
I am the trademark examining attorney to whom these two applications have been assigned. There are minor issues that we can resolve by examiner’s amendment, based on your reply to this email or a phone call.
For the design mark, 88182385, the mark description requires minor revision. I propose the following, if accurate:
n The mark consists of a stylized triangle open at the lower right corner, with the bottom, horizontal side arched, and extending rightward past the end of the triangle, then tapering to a point at the end.
For IDIO, 88177108, the November 8, 2018 amendment to add the wording “shoes and” to the description of goods is unacceptable because it is beyond the scope of the goods in the original application. See TMEP 1402.07. I realize that this sounds harsh, however, the wording “clothing, namely, shirts, shorts, t-shirts, pants, sweaters, hoodies and hats for disk golf players” is definite and unambiguous. You would be permitted to amend this wording to add “long sleeved shirts,” because that is within the scope of the word “shirts,” but “shoes” are not within the scope of any of the items in the current description, even though they are somewhat related. The rule is strict and I do not have discretion on this matter.
Also, for IDIO, please authorize me to change the spelling of DISK to DISC in “hats for DISK golf players.”
Please let me know how you want to proceed for both or if you have any questions. Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
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