Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88364312

DATE:                                06/13/2019

NAME:                               cdetmer1

NOTE:         

Discussed file with
Attorney/Applicant via:
    X   phone                               Left message with
    X   email                               Attorney/Applicant

 
 X   Changed TRADEUPS to: Include amended identification of goods.

From: Robert Oates [mailto:Robert@OatesSpecialties.com]
Sent: Thursday, June 13, 2019 1:37 PM
To: Detmer, Carolyn <Carolyn.Detmer1@USPTO.GOV>
Subject: RE: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Hello Carolyn,

 

My apologies for not being more clear!  My intention was an abbreviation for “sports racks and rigs” and “frames assembled for fitness exercises and activities”.  Will this provide enough clarification?

 

Thank you again for your help!

 

Best regards,

Robert

 

From: Detmer, Carolyn [mailto:Carolyn.Detmer1@USPTO.GOV]
Sent: Thursday, June 13, 2019 12:14 PM
To: Robert@OatesSpecialties.com
Subject: RE: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Robert,

 

Thank you for the clarification. However, when you specify “straps affixed to walls, doors, floors, and assemblies”, the “assemblies” portion of this is still unclear and requires specification. Please let me know what “assemblies” refers to.

 

Best,

Carolyn

 

 

From: Robert Oates [mailto:Robert@OatesSpecialties.com]
Sent: Thursday, June 13, 2019 1:04 PM
To: Detmer, Carolyn <Carolyn.Detmer1@USPTO.GOV>
Subject: RE: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Hello Ms. Detmer,

 

Thank you for your correspondence!  Following you will find the identification of goods for the TorsoBurner trademark with my suggested clarifications.  My suggested changes are in bold.

 

International Class 028: Physical fitness equipment, namely, exercise devices used for physical conditioning and development of strength, flexibility, and mobility, specifically, ropes, cables, cords, tubing, bands, and chains; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the hand; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the elbow; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the arm; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the shoulder; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the upper body; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the torso; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the legs; exercise Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the feet; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the lower body; exercise handles for attachment to manually-operated fitness and conditioning equipment; exercise, agility and resistance reaction weight lifting belts; exercise weight lifting training belts; Physical fitness equipment, namely, exercise training bands with handles; Physical fitness equipment, namely, exercise training bands with cuffs; Physical fitness equipment, namely, exercise training cords with handles; Physical fitness equipment, namely, exercise training cords with belts; Physical fitness equipment, namely, exercise training ankle bands; Exercise equipment in the nature of straps affixed to walls, doors, floors, and assemblies used for support while performing exercises;  exercise bars; Exercise equipment, namely, devices for improving balance, stability, mobility, and flexibility, specifically, ropes, cables, cords, tubing, bands, and chains; blocks used for support while performing exercises.

 

I welcome your suggestions if you have ideas for improving my trademark application.  I truly appreciate your patient assistance!

 

Best regards,

Robert

 

 

From: Detmer, Carolyn [mailto:Carolyn.Detmer1@USPTO.GOV]
Sent: Thursday, June 13, 2019 7:38 AM
To: Robert@OatesSpecialties.com
Subject: RE: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Dear Mr. Oates,

 

There are also some sections of the below identification of goods that still need further clarification from you. I have left these sections in bold. Please let me know what information you like to specify in these sections.

 

International Class 028: Physical fitness equipment, namely, exercise devices used for physical conditioning and development of strength, flexibility, and mobility, specifically, {specify type of class 028 physical fitness equipment, e.g. sports balls, dumbbells, exercise weights, exercise chains etc.}; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the hand; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the elbow; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the arm; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the shoulder; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the upper body; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the torso; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the legs; exercise Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the feet; Manually-operated exercise equipment for physical fitness purposes to strengthen muscles in the lower body; exercise handles for attachment to manually-operated fitness and conditioning equipment; exercise, agility and resistance reaction weight lifting belts; exercise weight lifting training belts; Physical fitness equipment, namely, exercise training bands with handles; Physical fitness equipment, namely, exercise training bands with cuffs; Physical fitness equipment, namely, exercise training cords with handles; Physical fitness equipment, namely, exercise training cords with belts; Physical fitness equipment, namely, exercise training ankle bands; Exercise equipment in the nature of straps affixed to {specify what the straps are affixed to e.g. doors, cable machines, exercise equipment etc.} used for support while performing exercises;  exercise bars; Exercise equipment, namely, devices for improving balance, stability, mobility, and flexibility, specifically, {specify type of class 028 physical fitness equipment, e.g. sports balls, dumbbells, exercise weights, exercise chains etc.}; blocks used for support while performing exercises

 

As before, please reach out either via email or phone with any questions.

 

Best,

Carolyn

 

 

From: Robert Oates [mailto:Robert@OatesSpecialties.com]
Sent: Wednesday, June 12, 2019 10:10 PM
To: Detmer, Carolyn <Carolyn.Detmer1@USPTO.GOV>
Subject: RE: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Hello Ms. Detmer,   

 

Your suggested changes suggested for the SpeedChain trademark and acceptable for the TorsoBurner Trademark as well.  Thank you so much for your assistance in this matter,  it is truly appreciated! 

 

Best regards,

 

Robert Oates

Oates Specialties LLC

151 FM 1696 Road East

Huntsville, TX 77320

Phone: (936)295-4459

Fax: (501)632-2316

 

From: Detmer, Carolyn [mailto:Carolyn.Detmer1@USPTO.GOV]
Sent: Wednesday, June 12, 2019 12:33 PM
To: Robert@OatesSpecialties.com
Cc: Brian@OatesSpecialties.com
Subject: 88364312 TORSOBURNER USPTO Required Application Amendment

 

Dear Mr. Oates,

 

I am the trademark examining attorney handling the trademark application for TORSOBURNER (88364312). In review, there is one issue that can be corrected without the need for an office action. 

 

Specifically, I require an amended identification of the goods identified in International Class 028 because most of the wording is indefinite and must be clarified. Specifically, the suggested identification would read, with suggested changes underlined:

 

International Class 028: Physical fitness equipment, namely, exercise devices used for physical conditioning and development of strength, flexibility, and mobility, specifically, {specify type of class 028 physical fitness equipment, e.g. sports balls, dumbbells, exercise weights, exercise chains etc.}; exercise training devices, namely, {specify type of class 028 physical fitness equipment, e.g. sports balls, dumbbells, exercise weights, exercise chains etc.} used to strengthen muscles in the hand; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the elbow; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the arm; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the shoulder; Manually-operated exercise equipment training devices for physical fitness purposes, namely, to strengthen muscles in the upper body; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the torso; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the legs; exercise Manually-operated exercise equipment training devices for physical fitness purposes, namely,  training devices used to strengthen muscles in the feet; Manually-operated exercise equipment training devices for physical fitness purposes, namely, used to strengthen muscles in the lower body; exercise handles for attachment to manually-operated fitness and conditioning equipment

exercise, agility and resistance reaction weight lifting belts; exercise weight lifting training belts; Physical fitness equipment, namely, exercise training bands with handles; Physical fitness equipment, namely, exercise training bands with cuffs; Physical fitness equipment, namely, exercise training cords with handles; Physical fitness equipment, namely, exercise training cords with belts; Physical fitness equipment, namely, exercise training ankle bands; Exercise equipment in the nature of straps affixed to {specify e.g. doors, cable machines, exercise equipment etc.} used for support while performing exercises;  exercise bars; Exercise equipment, namely, devices for improving balance, stability, mobility, and flexibility, specifically, {specify type of class 028 physical fitness equipment, e.g. sports balls, dumbbells, exercise weights, exercise chains etc.}; blocks used for support while performing exercises

     

 

Please let me know if you would approve of my amending the identification as described.  

 

If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Please respond no later than 2 PM EST on Thursday, June 12, 2019. Thank you.

 

Best,

Carolyn Detmer

 

 

Carolyn Detmer

Trademark Examining Attorney

Law Office 127

(571) 272-2722

carolyn.detmer1@uspto.gov

 

Please note that although all relevant e-mail communications will be placed in the official application record, this email communication does not constitute a formal response to an office action. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.