NOTE TO THE FILE
SERIAL NUMBER: 88533004
DATE: 10/18/2019
NAME: cdombrow
NOTE:
Discussed file with
Attorney/Applicant via:
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X email Attorney/ApplicantFrom: Dombrow, Colleen
Sent: Friday, October 18, 2019 6:20 PM
To: 'ivincent@burr.com' <ivincent@burr.com>
Subject: Eddleman Corporation Trademark Applications, BHRC, BHRC plus design, BHRC - CREATING TENNIS EXPERIENCES PEOPLE LOVE, and CREATING TENNIS EXPERIENCES PEOPLE LOVE, Official Correspondence from the US Patent and Trademark Office
Attorney Vincent:
I am the Examining Attorney from the U.S. Patent and Trademark Office that has been assigned to review the four Eddleman Corporation applications you filed for trademark protection: Application Serial No. 88533022, BHRC plus design (your attorney docket number T0021366-002); Application Serial No. 88533004, BHRC (your attorney docket number T0021366-001); Application Serial No. 88533044, BHRC – CREATING TENNIS EXPERIENCES PEOPLE LOVE (your attorney docket number T0021366-004); and Application Serial No. 88533031, CREATING TENNIS EXPERIENCES PEOPLE LOVE (your attorney docket number T0021366-003).
I have completed my review of the applications and have determined the following requirements must be addressed before the applications can be moved forward. These requirements are straight forward and can be corrected here at the Office using an Examiner’s Amendment.
Requirements:
1) Recitation of Services as to all four applications:
A few of the clauses in the recitation of services require clarification.
The following clause requires clarification in Class 035:
· “Retail store services featuring clothing, namely, sports shirts, t-shirts, shorts, skirts, swimsuits, headwear, socks and shoes; tennis equipment; tennis apparel; tennis accessories; swimsuits; swim apparel; swim accessories; fitness apparel; fitness accessories and fitness equipment.” The semicolons that appear throughout class 035 must be amended to commas so that it is clear that the applicant’s stores feature all of these goods. Semicolons are used to set out separate services, but commas should be used when setting out a list of items. May I delete the semicolons in Class 035 and amend them to commas?
The following clauses require clarification in Class 041.
· “the organization, administration, producing, staging and conducting of sporting events and tournaments in the fields of tennis and swimming”. The word “administration” is unclear. May I delete this word from this clause? Otherwise, could you please clarify what is meant by “administration” and I would be happy to review that language for acceptability.
· “providing children's entertainment in the nature of interactive conducting programs featuring sports activities, namely, providing tennis and swimming lessons and instruction”. This clause is unclear. May I amend the wording to, “providing children’s instruction in the nature of tennis and swimming lessons”?
· “fitness club services”. This wording is indefinite and overly broad. May I amend this wording to, “fitness club services, namely, physical fitness instruction?
· “Aquatic facilities, namely, swimming pools”. May I amend this wording to “Aquatic facilities, namely, providing swimming pools”?
The recitation of services would be amended as follows:
International Class 035:
Retail store services featuring clothing, namely, sports shirts, t-shirts, shorts, skirts, swimsuits, headwear, socks and shoes, tennis equipment, tennis apparel, tennis accessories, swimsuits, swim apparel, swim accessories, fitness apparel, fitness accessories and fitness equipment.
International Class 041:
Entertainment and recreational services, namely, providing sporting and cultural services in the nature of tennis tournaments, tennis matches, and tennis competitions; the organization, producing, staging, and conducting of sporting events and tournaments in the fields of tennis and swimming; recreational services in the nature of providing tennis courts, fitness facilities and aquatic facilities in the nature of swimming pools; organizing tennis tournaments; providing children’s instruction in the nature of tennis and swimming lessons; tennis club services; fitness club services, namely, physical fitness instruction; aquatic facilities, namely, providing swimming pools; providing instruction and equipment in the field of physical exercise.
May I amend the recitation of services?
2) Mark Description – this only applies to Trademark Application Serial Number 88533022, BHRC plus design (your attorney docket number T0021366-002):
May I amend the mark description as follows:
The mark consists of the letters "BHRC" with a curved line above the "B" and below the "C".
Please let me know if these amendments are acceptable. If so I will issue Examiner’s Amendments, make the changes to the applications and move the applications forward. If the amendments are not acceptable or if you have further questions, please feel free to email me at the below email address.
I must take action on your application by 5pm EST on Tuesday, October 22. If I do not hear from you regarding the above mentioned requirements by that time, I will issue Office Actions with the information contained therein and you will have six (6) months to respond. 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