NOTE TO THE FILE
SERIAL NUMBER: 88344238
DATE: 10/15/2019
NAME: cdombrow
NOTE:
Discussed file with
Attorney/Applicant via:
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X email Attorney/ApplicantFrom: Lawrence Crain <lcrain@gbc.law>
Sent: Monday, October 14, 2019 10:05 AM
To: Dombrow, Colleen <Colleen.Dombrow@USPTO.GOV>
Cc: Silvia Melby <smelby@gbc.law>
Subject: RE: US Trademark Application Serial Number 88344238 (your docket number 4318.135240), Official Correspondence from the US Patent and Trademark Office, Wing design
Dear Colleen:
Thank you for your understanding with scheduling. The Applicant has agreed to delete “waterproof tricots” from the ID.
Please enter the Examiner’s Amendment at your earliest convenience and thanks again for your assistance.
Best personal regards,
Larry
Lawrence J. Crain | ATTORNEY AT LAW
300 S. Wacker Dr. Suite 2500 | Chicago, IL 60606 | Direct: (312) 987.4002 | Main: (312) 360.0080 | Fax: (312) 360.9315 | www.gbc.law
CONFIDENTIALITY NOTE This electronic mail may contain information which is confidential or privileged and exempt from disclosure under applicable law. The information is intended to be for the use of the recipients named in this mail. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is without authorization and is prohibited. If you receive this electronic mail in error, please notify us by return electronic mail and destroy this mail immediately. Thank you for your cooperation.
From: Dombrow, Colleen [mailto:Colleen.Dombrow@USPTO.GOV]
Sent: Friday, October 11, 2019 10:59 AM
To: Lawrence Crain <lcrain@gbc.law>
Cc: Silvia Melby <smelby@gbc.law>
Subject: RE: US Trademark Application Serial Number 88344238 (your docket number 4318.135240), Official Correspondence from the US Patent and Trademark Office, Wing design
Attorney Crain:
Thank you so much for your email. Sounds good. As mentioned in my email below, I don’t need to take action on this until next Friday, October 18. If you need additional time beyond next Friday, please let me know. Have a great weekend!
Colleen
/Colleen Dombrow/
Trademark Attorney
US Patent and Trademark Office
Law Office 101
571-272-8262
From: Lawrence Crain <lcrain@gbc.law>
Sent: Friday, October 11, 2019 11:39 AM
To: Dombrow, Colleen <Colleen.Dombrow@USPTO.GOV>
Cc: Silvia Melby <smelby@gbc.law>
Subject: US Trademark Application Serial Number 88344238 (your docket number 4318.135240), Official Correspondence from the US Patent and Trademark Office, Wing design
Importance: High
USSN 88344238
Atty Docket 4318.135240
Dear Colleen:
Thank you for your email to resolve the remaining issue.
Please give us until after the approaching Columbus Day holiday to reach out to our client in Germany and ask if we should remove ‘waterproof tricots’ or request additional wording.
Thank you and we will be in touch.
Respectfully submitted,
Larry Crain
/Lawrence J. Crain/
Attorney of Record, State of IL Bar Member
(312) 360-0080
300 S. Wacker Dr. Suite 2500 | Chicago, IL 60606 | LJC Direct: (312) 987.4002 | Main: (312) 360.0080 | Fax: (312) 360.9315 | www.gbc.law
CONFIDENTIALITY NOTE This electronic mail may contain information which is confidential or privileged and exempt from disclosure under applicable law. The information is intended to be for the use of the recipients named in this mail. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is without authorization and is prohibited. If you receive this electronic mail in error, please notify us by return electronic mail and destroy this mail immediately. Thank you for your cooperation.
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From: Dombrow, Colleen <Colleen.Dombrow@USPTO.GOV>
Sent: Thursday, October 10, 2019 3:48 PM
To: TMDocket <tmdocket@gbclaw.net>
Cc: Silvia Melby <smelby@gbc.law>
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