NOTE TO THE FILE
SERIAL NUMBER: 88326628
DATE: 12/13/2019
NAME: kfoss
NOTE:
From: Padgett, Austin <Austin.Padgett@troutman.com>
Sent: Thursday, December 12, 2019 8:40 PM
To: Foss, Katherine <Katherine.Foss@USPTO.GOV>
Cc: Trademarks <Trademarks@troutman.com>; Woodruff, Kristina M. <Kristina.Woodruff@troutman.com>; Hennelly, Jennifer A. <Jennifer.Hennelly@troutman.com>
Subject: Re: USPTO Correspondence 88326628 / 5 WHEEL ANTI-TIP TECHNOLOGY; Your Ref. 018295.70
Thanks, Katie. That is perfect. Please enter the amendment as you suggest.
Sent from my iPhone
Austin Padgett
troutman sanders
Direct: 404.885.3155
austin.padgett@troutman.com
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On Dec 12, 2019, at 8:12 PM, Foss, Katherine <Katherine.Foss@uspto.gov> wrote:
EXTERNAL SENDER
Dear Mr. Padgett,
Thank you for your email. I have been considering how to keep this within the scope, and I believe the suggestion below may work. If this works, please let me know and I’ll issue an Examiner’s Amendment. If not, I will try to come up with another suggestion.
Class 12: “Wheel systems for scooters, namely, vehicle chassis and wheels sold as an integral part of a mobility scooter”
I will be out of the office tomorrow, but I will do my best to check email.
Kind regards,
Katie
Katie Foss
Trademark Examining Attorney | Law Office 125
571-272-4067 | katherine.foss@uspto.gov
From: Padgett, Austin <Austin.Padgett@troutman.com>
Sent: Thursday, December 12, 2019 9:46 AM
To: Foss, Katherine <Katherine.Foss@USPTO.GOV>; Trademarks <Trademarks@troutman.com>
Cc: Woodruff, Kristina M. <Kristina.Woodruff@troutman.com>; Hennelly, Jennifer A. <Jennifer.Hennelly@troutman.com>
Subject: RE: USPTO Correspondence 88326628 / 5 WHEEL ANTI-TIP TECHNOLOGY; Your Ref. 018295.70
Thanks, Katherine. The generic wording is agreed.
For the identification, the mark references the “chassis” (for lack of a better word) of a scooter product. It’s a mar that references a critical component of the product at hand. Do you have any suggestions for amendments?
Thanks,
Austin
Austin Padgett
troutman sanders
Direct: 404.885.3155
austin.padgett@troutman.com
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From: Foss, Katherine <Katherine.Foss@USPTO.GOV>
Sent: Wednesday, December 11, 2019 8:29 PM
To: Trademarks <Trademarks@troutman.com>
Cc: Woodruff, Kristina M. <Kristina.Woodruff@troutman.com>; Hennelly, Jennifer A. <Jennifer.Hennelly@troutman.com>; Padgett, Austin <Austin.Padgett@troutman.com>
Subject: USPTO Correspondence 88326628 / 5 WHEEL ANTI-TIP TECHNOLOGY; Your Ref. 018295.70
EXTERNAL SENDER
Dear Mr. Padgett,
I received your response for the trademark application referenced in the subject line, and I was about to issue a new non-final to address a couple of issues, but I thought I might try to reach out first.
First, the application is accepted onto the Supplemental Register thus resolving the 2(e)(1), however a disclaimer of generic wording must be disclaimed. Here, the term “TECHNOLOGY” appears to be generic for the goods.
Second, the request for information is resolved, however the response did not make clear whether applicant intended to accept the suggested identification of goods. No formal amendments were entered, thus this requirement is still unresolved. If you agree to the identification suggested in the Office Action, please let me know.
I need to take action on this case as soon as I am able, and while I apologize for the need for a quick turn-around, I thought it was worth a try to resolve the issues informally. If you prefer a formal action, I am happy to issue one.
If you have any questions, please feel free to contact me.
Kind regards,
Katie
Katie Foss
Trademark Examining Attorney | Law Office 125
571-272-4067 | katherine.foss@uspto.gov
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