NOTE TO THE FILE
SERIAL NUMBER: 88379568
DATE: 06/26/2019
NAME: mtully
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER:
From: Nancy Dwyer Chapman [mailto:nchapman@lsllp.com]
Sent: Wednesday, June 26, 2019 11:23 AM
To: Tully, Matthew <Matthew.Tully@USPTO.GOV>
Subject: US - EASTERN JUNGLE GYM INC. & design logo (b&w) (SN 88379281 IC 28, 35) Our ref.: 21430; US - EASTERN JUNGLE GYM INC. & design logo (color) (SN 88379568 IC 28, 35) Our ref.: 21431
June 26, 2019
Attn.: Examining Attorney Matthew Tully
Law Office 105
USPTO
Re: US - EASTERN JUNGLE GYM INC. & design logo (b&w) (SN 88379281 IC 28, 35) Our ref.: 21430
and
US - EASTERN JUNGLE GYM INC. & design logo (color) (SN 88379568 IC 28, 35) Our ref.: 21431
Dear Matt:
I just heard from my client, and he is happy to accept your amended descriptions, and we agree to the disclaimer requirement as well. Issue a couple of Examiner’s Amendments and get yourself several BD points as we march toward the end of the quarter.
Best regards,
Nancy
Nancy Dwyer Chapman
LACKENBACH SIEGEL LLP
Intellectual Property Law since 1923
1 Chase Road
Scarsdale, NY 10583
www.Lackenbach.com
tel.: +1-914-723-4300
direct telephone: +1-914-723-7930
fax: +1-914-723-4301
e-mail: chapman@LSLLP.com
From: Tully, Matthew
Sent: Tuesday, June 25, 2019 2:33 PM
To: tmefs@LSLLP.com
Cc: HAronson@Lackenbach.com; NChapman@Lackenbach.com
Subject: U.S. Trademark Application Nos. 88379281 -- EASTERN JUNGLE GYM INC.; 88379568 -- EASTERN JUNGLE GYM INC.
Dear Howard and Nancy:
I am the attorney from the United States Patent and Trademark Office assigned to examine the above-referenced U.S. Trademark Application.
I have searched the Office’s database of registered and pending marks and have found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, the following issues must be resolved before I can approve the marks for publication:
(1) Identification of Goods and Services. Portions of the identification are indefinite and/or overbroad and must be amended to clarify the nature and proper classification of the goods and services. I suggest the following amendments:
Class 28: Playground equipment, namely, climbing units, slides, swingsets, sandboxes, gymnastics rings, gymnastics apparatus in the nature of trapeze bars, swings, toy steering wheels, toy telescopes, ramp walkways being parts of jungle gyms, play tents, play fireman's sliding poles, monkey bars, climbing units incorporating ropes, toy clubhouses, tic tac toe game panels, climbing units in the nature of bubble walls, see saws, crawl tubes, and grab handles
Class 35: Wholesale store services, retail store services, online wholesale store services, and retail store services, all featuring playground equipment and playground equipment in the nature of play structures comprised of climbing units, playground slides, swingsets, sandboxes, gymnastics rings, gymnastics apparatus in the nature of trapeze bars, swings in the nature of horse gliders, toy steering wheels, toy telescopes, toy gang planks, play tents, play fire poles, monkey bars, climbing units incorporating ropes, toy clubhouses, tic tac toe game panels, climbing units in the nature of bubble walls, see saws, crawl tubes, and grab handles
Stylized text indicates changes.
(2) Disclaimer Requirement. The wording “JUNGLE GYM INC” must be disclaimed because “JUNGLE GYM” is merely descriptive of if not generic for the identified goods and services. Accordingly, the disclaimer statement must be amended as follows:
No claim is made to the exclusive right to use “JUNGLE GYM INC.” apart from the mark as shown.
With your authorization, I can enter the amendments myself by Examiner’s Amendment. Entering the amendments in this manner would eliminate the need for issuance of formal Office Actions and for filing formal Responses.
If you get a chance to respond before 5 pm ET on June 27, 2019, you can authorize proposed Examiner’s Amendments by return email or by calling me at the number below. If I do not hear from you by then, I will issue formal Office Actions and you will have six months to respond.
If I can answer any questions or be of any assistance, please do not hesitate to contact me.
Best regards,
Matt
Matthew Tully
Trademark Examining Attorney, Law Office 105
United States Patent and Trademark Office
(571) 270-5943