NOTE TO THE FILE
SERIAL NUMBER: 88199466
DATE: 03/14/2019
NAME: ckonschak
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT 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
X Changed TRADEUPS to: Amend identification of goods.From: Michael Steinmetz [mailto:ms@gs2law.com]
Sent: Thursday, March 14, 2019 11:58 AM
To: Konschak, Carl <Carl.Konschak@USPTO.GOV>
Subject: Re: U.S. Trademark Application Serial No. 88199466 - HEALTHSTAR
Hi,
Thanks for reaching out. That is acceptable.
Have a great day.
Michael
On Thu, Mar 14, 2019 at 11:21 AM Konschak, Carl <Carl.Konschak@uspto.gov> wrote:
Mr. Steinmetz,
I am writing in reference to U.S. Trademark Application Serial No. 88199466, for the mark HEALTHSTAR. The identification of goods in International Class 10 contains the entry “spoons for assisting physically disabled persons with eating”, which appears to be overbroad because it does not specify that the spoons are “specially adapted” for the stated purpose. Please see TMEP Sec. 1401.05(b). The following amended wording is suggested (please note that any added wording is indicated with bold type, while any deleted wording is indicate with a strike through):
Measuring tapes” in International Class 9.
“Breast pumps; CPR (cardiopulmonary resuscitation) masks; Electrodes for medical use; Nasal aspirators; Stethoscopes; Thermometers for medical use; Toilets adapted for medical patients or for use by disabled persons; Tongue depressors; Cervical pillows for medical use; Fitted covers for orthopedic casts; Medical apparatus, namely, an ear wash device in the nature of a container to be filled with appropriate fluid by the user for flushing ear wax from the ear; Elastic bandages; Medical scissors; Medical apparatus, namely, continuous positive airway pressure (CPAP) devices; Medical devices, namely, pulse oximeters; spoons specially adapted for use by
assistingphysically disabled persons to assist them with eating” in International Class 10.
“Stationary exercise bicycles; Athletic tape” in International Class 28.
Please let me know as soon as possible if the above suggested wording is acceptable, and if so, I would be glad to issue an Examiner’s Amendment for the change and update the record accordingly.
Sincerely,
Carl A. Konschak, Esq.
Trademark Examining Attorney
Law Office 126
U.S. Patent & Trademark Office
(571) 270-3878
--
Michael M. Steinmetz Esq.
Garson, Segal, Steinmetz, Fladgate LLP
164 West 25th St. 11R
New York, NY 10001
(P) 212-380-3623
(F) 347-537-4540
gs2law.com
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