NOTE TO THE FILE
SERIAL NUMBER: 88344238
DATE: 10/10/2019
NAME: cdombrow
NOTE:
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X email Attorney/ApplicantFrom: Dombrow, Colleen
Sent: Thursday, October 10, 2019 4:48 PM
To: tmdocket@gbclaw.net
Cc: smelby@gbclaw.net
Subject: US Trademark Application Serial Number 88344238 (your docket number 4318.135240), Official Correspondence from the US Patent and Trademark Office, Wing design
Attorney Crain:
I have reviewed your October 4, 2019 incoming response. The Sections 1(b) and 44(d) requirement has been satisfied. Additionally, the majority of the issues raised in the identification of goods requirement have been satisfied. However, the following clause in Class 025 remains indefinite:
“Waterproof clothing, namely, waterproof jackets, waterproof jerseys, waterproof head wear, waterproof tricots, waterproof trousers, waterproof footwear”.
Specifically, the wording “waterproof tricots” is not acceptable because the word “tricots” is indefinite as it appears to be a type of fabric, and not a specific item of clothing. Can you please clarify what is meant by “tricots” or delete that item from the identification?
If you would like to delete this item, Class 025 would then read as follows:
International Class 025:
Sportswear, namely, sports outer clothing in the nature of jackets, sports underwear and sports pants; sport apparel, namely, jerseys; Cycling apparel, namely, cycling shoes; cycling tricots, namely, cycling shirts; cycling shorts; functional sportswear, namely, clothing with moisture-conducting fabric in the nature of jackets and underclothing; waterproof clothing, namely, waterproof jackets, waterproof jerseys, waterproof head wear, waterproof trousers, waterproof footwear; cycling gloves; headwear; cycling caps; Sports shoes; cycling shoes, namely, cycling shoes for racing and mountain bikes.
If you, instead, would like to amend the wording “tricots” to include a specific item of clothing, that would be acceptable as well. Just let me know how you would like the wording amended. I will review it to make sure that the amendment is acceptable, and then enter an Examiner’s Amendment. Please let me know what is acceptable to you. I will then issue an Examiner’s Amendment, make the change to the application and move the application forward. If the amendment is not acceptable or if you have further questions, please feel free to email me at the below email address.
Please note that I must take action on your application by 5pm EST on Friday, October 18. If I do not hear from you regarding the above mentioned requirement by that time, I will issue a Final Office Action with the information contained therein and you will have six (6) months to respond or to file an appeal. If you need additional time to respond to this email, please let me know.
Sincerely,
Colleen
/Colleen Dombrow/
Trademark Attorney
US Patent and Trademark Office
Law Office 101
571-272-8262