Examiners Amendment

MIDWAY SELECT

MIDWAY DENTAL SUPPLY, LLC

U.S. Trademark Application Serial No. 88207786 - MIDWAY SELECT - 112939.00014

To: MIDWAY DENTAL SUPPLY, LLC (ipdocket@h2law.com)
Subject: U.S. Trademark Application Serial No. 88207786 - MIDWAY SELECT - 112939.00014
Sent: November 06, 2020 05:41:32 PM
Sent As: ecom108@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88207786

 

Mark:  MIDWAY SELECT

 

 

        

 

Correspondence Address:  

       Daniel H. Bliss

       HOWARD & HOWARD ATTORNEYS PLLC

       450 WEST FOURTH STREET

       ROYAL OAK, MI 48067

       

 

 

 

 

 

Applicant:  MIDWAY DENTAL SUPPLY, LLC

 

 

 

Reference/Docket No. 112939.00014

 

Correspondence Email Address: 

       ipdocket@h2law.com

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  November 06, 2020

 

 

Application has been amended as shown below.  As agreed to by Daniel Bliss, applicant’s attorney, on November 6, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

Identification of Goods

 

The identification of goods is amended to read as follows: 

 

Class 3:

 

“Oral rinses, namely, non-medicated dental rinses; dental paste in the nature of tooth paste; tooth whitening preparations; dental stain remover, namely, non-medicated cleaning solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, non-medicated cleaning solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; non-medicated dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, nonmedicated cleaning solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, and spatulas; alcohol for cleaning of instruments; dental polishing paste, namely, non-medicated prophylaxis paste used to clean and polish teeth.”

 

Class 5:

 

“Topical anesthetic; dental anesthetics for surgical purposes, namely, lidocaine, articaine, and mepivacaine; dental core build-up materials; dental core build-up materials, namely, dental crown and bridge materials in the nature of a provisional material used to fabricate temporary crowns, bridges, inlays, and onlays as well as long-term temporaries; dental etching gel; hemostatic gel and solution for dental purposes; composites, namely, flowable dental resins; cotton for medical purposes; gauze; orthodontic alginate for dental impressions; vinyl polysiloxane dental impression material; materials used for dental bite registration; dental tray cleaners; dental tray adhesives; evacuation system disinfectant cleaners; sanitizing surface wipes; disinfectants and disinfecting cleaner for dental purposes in surface and liquid form; autoclave disinfectant cleaners; dental tartar remover, namely, solution to remove tartar from dentures, bridges, orthodontic appliances; enzymatic detergent and tablets for medical purposes; alcohol for disinfection of dental instruments; oral rinses, namely, dental rinses for medical purposes; dental pit and fissure sealant; dental polishing paste, namely, medicated prophylaxis paste used to clean and polish teeth; dental varnish for use by dentists; dental wax, namely, base plate wax, boxing wax, wax strips, wax ropes; bonding agents for dental purposes; dental composite materials, namely, universal composite; flowable dental composite; materials for tooth restoration, namely, glass ionomer restorative; dental cement; materials for tooth restoration, namely, intermediate restorative material; desensitizer, namely, medicated dental preparations for the purpose of reducing hypersensitivity both topically and under a restoration; irrigation solutions for dental use; analgesics, namely, eugenol; endodontic refrigerant spray for testing pulp vitality; alginate, namely, for dental impressions; alginate replacement, namely, alginate replacement for dental impressions; dental impression materials, namely, vinyl polysiloxane and putty; fluoride foam in the nature of anti-cavity coating preparations; hemostatic solution for medical purposes; alcohol used as a solvent and dehydrating agent for medical purposes; solvent, namely, dental solvents for removing zinc oxide, wax, baseplate and impression material from acrylic teeth, denture bases, hands, face, and instruments and medicated dental solvents for removing dental debris from root canals; endodontic gutta percha for filling canals after pulp removed; sponges impregnated with antiseptics; bite registration, namely, dental bite registration material.”

 

Class 10:

 

“Needles for medical use; articulating paper; dental burs; pre-bent applicator and dispensing tips attached to a syringe and used for applying dental materials in the mouth; disposable brushes and applicators specifically for applying dental materials in the mouth; dental accessories in the nature of mixing pads and wells specifically used for preparing dental materials used in the mouth; dental crowns; dental instruments in the nature of mixing tips for dental materials; bibs for dental use; disposable syringes and tips; disposable filters for medical purposes used for filtering water that is used in dental routine procedures and surgical procedures; evacuator tips for use in dentistry; evacuator ejectors for use in dentistry; surgical aspirator tips; dental equipment, namely, intra-oral curing lights, handpieces, scalers and polishers; dental finishing and polishing points and discs used to finish dental restorations; dental syringes with needle; dental syringes without needle; dental instruments, namely, irrigation needle tips; dental instruments, namely, dental bite registration mixers and tips; dental bite impression trays; dental utility syringe; digital sensor sleeves for use as a protective germ shield barrier in the health care field for use in connection with digital sensors used for taking digital dental radiographs; fitted covers for dental patient digital imaging plates, namely, digital barrier envelopes and sleeves; dental intra-oral syringe sleeves in the nature of fitted covers for dental syringes; fitted covers for dental t-lights for use as a protective germ shield barrier in the health care field; barrier cover films for use as a protective germ shield barrier in the health care field; barrier curing light sleeves in the nature of fitted covers for dental curing lights for use as a protective germ shield barrier in the health care field; tray barriers for dental trays in the nature of fitted covers for dental trays; x-ray covers in the nature of fitted covers for patient x-ray machine for medical and dental use; autoclave pouches in the nature of pouches specifically adapted for holding instruments and other items used in the dental operatory for sterilization for medical use; medical gloves; medical masks, namely, masks used to protect individuals from spatter, fluid, and aerosols generated during the dental procedures; magnifying glasses, for medical purposes, that fit on the user's face in the manner of eyeglasses; medical gowns and jackets; mirror defogger, namely, for use in defogging dental mirrors; holders specially adapted for use in connection with dentures and retainers, namely, denture and retainer boxes; dental instruments, namely, prophy angles; medical trays for holding fluoride for use on dental patients; sutures; surgical blades; blade handles for surgical blades; disposable scalpels; dental bite rims; medical x-ray aprons and collars; dental bite wing tabs and loops; film holders specially adapted for medical x-rays; aspirating syringe for medical use; dental instruments, namely bur blocks for use in connection with dental burs; bib holders specifically adapted for use in connection with bibs for dental use; surgical sponges; dental filters in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental device for extracting saliva from the work area in the mouth, namely HVE tips; dental device for extracting saliva from the work area in the mouth, namely, saliva ejectors; dental instruments, namely, endodontic files; dental drills in the nature of gates glidden drills; dental instruments for removing pulp tissue during endodontic treatment, namely, barbed broaches; dental instruments, namely, endodontic paper points for removing moisture from canals; apex locator, namely, a dental instrument for use in root canal procedures; endo aids, namely, surgical instruments for dental use; dental instruments in the nature of intraoral tips specifically for use in connection with attaching to the end of the mixing tips that are used to extrude dental material intraorally; dental impression trays; disposable barriers for use as a protective germ shield barrier in the health care field; disposable medical treatment apparel; CSR wrap in the nature of sterilization wrap for sterilizing medical instruments; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic purposes all in the nature of examining, cleaning, preserving, and restoring teeth; dental mirror heads; dental mirror handles; dental instruments, namely, dappen dishes being vessels for dental purposes; dental mixing bowls specifically adapted for use in connection with mixing dental restoration compounds; medical apparatus, namely, dispensing gun for use in dispensing dental materials used in dental restorative procedures and surgery; dental posts and dental drills; dental instruments, namely, retraction cord; dental apparatus, namely, disposable bite blocks; dental film positioners; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors used for taking dental x-rays; dental instruments for removing tartar; dental instruments for removing teeth stains; dental instruments for removing dental cement, plaster and stone; dental apparatus, namely, intra-oral curing lights; dental instruments, namely, prophy cups;  copolymer plastic headrest covers for dental chairs for use as a protective germ shield barrier in the health care field; copolymer plastic chair covers for dental chairs for use as a protective germ shield barrier in the health care field; digital barrier envelopes for use as a protective germ shield barrier in the health care field.”

 

Class 16:

 

“Tissue and poly blend paper for use as headrest covers for dental chairs; paper for use as chair covers for dental chairs; dental tray covers made of paper.”

 

Class 21:

 

“Plastic cups; swabs and sponges for cleaning medical instruments; dental floss; flossing aids, namely, toothpicks and dental floss picks; toothbrushes; drinking cups; sponges for cleaning dental instruments; general purpose cleaning sponges.”

 

 

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Meghan Reinhart/

Meghan M. Reinhart

Trademark Examining Attorney

Law Office 108

(571) 272-2943

meghan.reinhart@uspto.gov

 

 

 

U.S. Trademark Application Serial No. 88207786 - MIDWAY SELECT - 112939.00014

To: MIDWAY DENTAL SUPPLY, LLC (ipdocket@h2law.com)
Subject: U.S. Trademark Application Serial No. 88207786 - MIDWAY SELECT - 112939.00014
Sent: November 06, 2020 05:41:34 PM
Sent As: ecom108@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 06, 2020 for

U.S. Trademark Application Serial No. 88207786

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Meghan Reinhart/

Meghan M. Reinhart

Trademark Examining Attorney

Law Office 108

(571) 272-2943

meghan.reinhart@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

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