To: | Black Diamond Equipment, Ltd. (trademark@kanekessler.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88322578 - WE ARE MOUNTAIN - N/A |
Sent: | 5/17/2019 11:49:07 AM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88322578
MARK: WE ARE MOUNTAIN
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Black Diamond Equipment, Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 5/17/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Linda M. Dougherty on May 16, 2019, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq. However, as is the case here, if an applicant has filed separate applications to register the same mark, the applicant may amend to move items of goods from one application to another, if the application from which the item is to be moved was filed on or before the filing date of the application to which it is to be moved. TMEP § 1402.08. Such an amendment will be permitted only if some of the goods in one application should be classified in a different class and the companion application includes that class. Id.
The identification of goods is amended to read as follows (amendments in bold):
International Class 8
Mountaineering and climbing equipment, namely, hand tools in the nature of picks for removing camming devices; hand tools, namely, picks, ice hammers, hammers, ice axes, ice pickaxes, piolets, alpinist and mountaineer shovels, tools for jamming in the nature of wedges, scrapers, spring-loaded scrapers, saws
See TMEP §§1402.01, 1402.01(e).
Please call or email the assigned trademark examining attorney with questions about this Application.
/Troy Knight/
Examining Attorney
Law Office 107
U.S. Patent and Trademark Office
(571) 270-3151
Troy.Knight@USPTO.GOV
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.