NOTE TO THE FILE
SERIAL NUMBER: 88590152
DATE: 11/25/2019
NAME: bgaynor
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 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:
Ms. Gaynor,
Thank for the quick response. I initially overlooked your suggestion regarding the scoreboards; thank you for pointing it out. Yes, please amend that portion to “chalkboard darts scoreboards sold as a unit with dart board cases” and keep that in the application.
Many thanks and have a good Thanksgiving,
--Charlie Meyer--
Charles J. Meyer | Partner
Salesforce Tower | 111 Monument Circle, Suite 3700 | Indianapolis, IN 46204
Direct: 317.713.4934| Main: 317.634.3456 | Fax: 317.637.7561 | Email: cjmeyer@uspatent.comThis message is intended solely for the above addressee. If the reader of this message is not the addressee or the employee intended or agent responsible for delivering the message to the recipient, you are hereby notified that this transmission may contain privileged or confidential information and dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by phone and destroy the original.
From: Gaynor, Barbara [mailto:Barbara.Gaynor@USPTO.GOV]
Sent: Monday, November 25, 2019 9:20 AM
To: Meyer, Charles J <cjmeyer@uspatent.com>
Subject: RE: U.S. Trademark Application Serial No. 88590152 - DMI - 1077-910
Good morning, Mr. Meyer. Thank you for bringing the assignment to my attention. The Section 2(d) likelihood of confusion is withdrawn. With respect to the Class 28 identification, I will delete “dart sharpeners” and “darts scoreboards.” I do have one question, in the Office action, I had suggested alternative wording in Class 28 for the scoreboards, i.e., “chalkboard darts scoreboards sold as a unit with dart board cases.” Would you like to keep that language in the Class 28 identification, or just delete all references to the scoreboards? Please let me know. Thank you for your time.
Barbara A. Gaynor
Trademark Examining Attorney
Law Office 115
571-272-9164
Barbara.Gaynor@uspto.gov
From: Meyer, Charles J <cjmeyer@uspatent.com>
Sent: Monday, November 25, 2019 9:00 AM
To: Gaynor, Barbara <Barbara.Gaynor@USPTO.GOV>
Cc: Sneed, Danielle Y. <danielle@uspatent.com>
Subject: U.S. Trademark Application Serial No. 88590152 - DMI - 1077-910
Ms. Gaynor,
In response to the office action issued on November 23, 2019 for the mark DMI (Application No. 88590152), Applicant is the owner of cited registration No. 4,487,246. An assignment was recorded on Jan. 20, 2014 at Reel/Frame 5196/0791. It is unclear why the TSDR was not updated. Since Registration No. 4,487,246 and the present application have shared ownership, withdrawal of section 2(d) rejection is respectfully requested.
To resolve the identification of goods issues, we would appreciate it if you would enter an examiner’s amendment deleting the goods “dart sharpeners” and “darts scoreboards.”
If anything further is needed, please let us know. Thank you for your assistance.
--Charlie Meyer--
Charles J. Meyer | Partner