Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  December 20, 2019

 

The assigned trademark examining attorney has reviewed the referenced application. TMEP § 705.01.

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Ben White on December 20, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows: 

 

·       International Class 18: Duffel bags; Chalk bags; Backpacks; Backpack hydration systems consisting  primarily of a backpack and also featuring a reservoir and a mouthpiece connected to the reservoir by a tube, sold empty; Pet products, namely, pet restraining devices, namely, leashes; Pet collars

·       International Class 20: Furniture for motor homes; Sleeping pads; Cushions; Bolsters; Settees; Air mattresses, not for medical purposes; Mattresses; Nonmetal tent poles; Nap mats; Sleeping mats for camping; Inflatable mattresses for use when camping; Camp chairs and camping tables; Inflatable cushions, other than for medical purposes; Air mattresses for use when camping; Floating inflatable mattresses, not for use as swimming floats or for recreational use; Stud buttons of plastic for tentage; Nonmetal tent rings and tent stakes

·       International Class 21: Portable pots and pans for camping; Camping grills; Cookware, namely, pots and pans; Beverage pint drinking glasses; Glassware, namely, drinking growlers, mugs; Drinking glasses, namely, coffee tumblers; Flasks; Stainless steel insulated drinking bottles; Stainless steel water bottles sold empty; Non-electric pots and pans; Non-electric portable coolers; Non-electric French press coffee makers; Cooking utensils, namely, spatulas, graters, strainers, serving spoons, cooking spoons, ladles, cutting boards, whisks, tongs, chopsticks; Condiment containers, namely, ramekins and squeeze bottles sold empty; Dish scrubbers; Spice shakers; Plastic water bottles sold empty; Pet feeding and drinking bowls

·       International Class 25: Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas; pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists’ jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles; collar protectors, namely, scarves and neck gaiters; hosiery; sportswear, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear in the nature of scarves, mufflers, neck gaiters, and bandanas pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, gloves, neck gaiters, thermal underwear, balaclavas, mittens, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, bras, leggings, parkas, pullovers, bathing trunks, hoodies; Weather-resistant outdoor clothing, namely, coats, raincoats, pants, vests, gloves, socks, caps, hats, headbands, earcovers in the nature of ear warmers and ear muffs, and jerseys; Outdoor apparel, namely, technical shells jackets, jackets, pants, base layers, gloves, and hats; Ski boots and snowboard boots; Infant clothing, namely, bodysuits; Headwear, namely, caps, cap visors, hats, beanies, and headbands [acceptable as written]

• International Class 35: Online retail store services featuring clothing, headwear, footwear, outerwear, eyewear, running clothing and running shoes, bike clothing, fitness clothing and accessories; Online retail store services featuring tote bags, watches, activity trackers, compasses, inclinometers, heart rate monitors, altimeters and accessories; tote bags, Online retail store services featuring ski and snowboard equipment, snowshoes, avalanche safety, and other winter accessories; Online retail store services featuring mountain, road, cyclocross, triathlon, time and trial, and kid's bikes, bike parts, bike helmets, bike clothing, and bike accessories; Online retail store services featuring kayaks, kayak clothing, and related accessories, canoes, paddles and related accessories, personal flotation devices, water safety helmets, survival gear, safety kits, rescue throw bags, camping, hiking, backpacking, fishing, rock climbing, wall climbing, mountaineering, and mountain climbing equipment and related accessories; Online retail store services featuring surfboards, wetsuits, rashguards, and surf accessories; Online retail store services featuring yoga mats, foam blocks, foam rollers, meditation cushions, towels, smart scales, audio equipment, food, nutritional supplements; Online retail store services featuring luggage, duffel bags, chalk bags, backpacks, and luggage and equipment car racks and related accessories; Online retail store services featuring pet products, namely, pet restraining devices, namely, leashes, pet collars, and pet feeding and drinking bowls;  Online retail store services featuring furniture for motor homes, sleeping pads, cushions, bolsters, settees, air mattresses, mattresses, nonmetal tent poles, nap mats, sleeping mats for camping, inflatable mattresses for use when camping, camp chairs and camping tables, inflatable cushions, air mattresses for use when camping, floating inflatable mattresses, stud buttons of plastic for tentage, nonmetal tent rings and tent stakes, portable pots and pans for camping, camping grills; Online retail store services featuring cookware, namely, pots and pans, beverage pint drinking glasses, glassware, namely, drinking growlers, mugs, coffee tumblers, flasks, stainless steel insulated drinking bottles, stainless steel water bottles sold empty, non-electric pots and pans, non-electric portable coolers, non-electric French press coffee makers, backpack hydration systems consisting of a pack, a reservoir, and a mouthpiece connected to the reservoir by a tube, cooking utensils in the nature of spatulas, graters, strainers, serving spoons, cooking spoons, ladles, cutting boards, whisks, tongs, chopsticks, condiment containers, dish scrubbers, spice shakers, and plastic water bottles sold empty

·       International Class 41: Conducting guided outdoor expeditions; Providing classes, workshops, seminars, and camps in the fields of climbing, hiking, camping, fishing, biking, boating, running, training, yoga, surfing, travel, skiing, and snowboarding; Organizing community sporting and cultural events; Entertainment in the nature of providing an informational and entertainment website in the fields of entertainment, sports, and fitness

 

See TMEP §§1402.01, 1402.01(e).

 

SUSPENSION FORTHCOMING

 

Applicant should note that following the issuance of this Examiner’s Amendment, the application will be suspended pending the final disposition of Cancellation Proceeding No. 92072434.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

/Marynelle W. Wilson/

Marynelle W. Wilson

Examining Attorney

Law Office 113

Phone: 571-272-7978

Email: marynelle.wilson@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 20, 2019 for

U.S. Trademark Application Serial No. 88616509

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Marynelle W. Wilson/

Marynelle W. Wilson

Examining Attorney

Law Office 113

Phone: 571-272-7978

Email: marynelle.wilson@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”