UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO:
`
`79/030118
`
`Page 1 of 3
`
`MARK: POD
`
`CORRESPONDENT ADDRESS:
`JOHN W PECK
`KAUTH POMEROY PECK & BAILEY LLP
`PO BOX 19152
`IRVINE CA 926239152
`
`RESPOND TO THIS ACTION:
`1,“ ,,,
`.
`p www.uspto.gov/teas/eTEASpageD.htm
`GENERAL TRADEMARK INFORMATION-
`
`http ://www.us11o. gov/main/trademarks.htm
`
`APPLICANT:
`583 428
`
`POD IP Pty Ltd; ACN 069
`
`CORRESPONDENT’S
`REFERENC E/DOCKET NO:
`C4-00259
`CORRESPONDENT E-l\IAIL ADDRESS:
`
`REQUEST FOR RECON SIDERATION GRANTED
`
`ISSUE/MAILING DATE:
`
`Applicant is requesting reconsideration of a final refiisal issued/mailed July 30, 2007.
`
`The applicant’s request for reconsideration does not raise any new issues but is a good faith, although
`incomplete, attempt to comply with all outstanding requirements or refusals. TMEP §7l5.03(a).
`Accordingly, applicant’s request for reconsideration is granted. The response is incomplete because the
`identification of goods/services needs further amending.
`
`The applicant has 30 days, or until the end of the six months from the final action, whichever is longer,
`to comply with the outstanding requirements or refusals. 37 C.F.R. §2.65(b). Granting the request for
`reconsideration does not extend the deadline for appeal. The time for appeal runs from the date the final
`action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
`
`The assigned examining attorney has reviewed the referenced application and determined the following.
`
`Section 2(_(D — Likelihood of Confusion Refusal
`
`The 2(d) likelihood of confusion refusal as to U.S. Registration No. 2493914 against Class 010 goods is
`continued and maintained. However, the 2(d) likelihood of confusion r_efusal as to U.S. Registration No.
`2493914 against Class 009 is withdrawn.
`
`Identification of Goods/Services
`
`The identification of goods"/services is indefinite and must be clarified. Specifically, applicant must
`
`file :// ‘sticrs-ais-O1\ticrsexport\HtmlToTiffInput\REC000 12008_03_17_1 l_13_5 5__TTABO . ..
`
`3/17/2008
`
`

`
`Page 2 of3
`
`describe the guards, pads and braces and its intended consumer or industry as well as its main purpose
`and intended uses. In amending the identification of goods/services, it is also recommended that
`applicant delete repetitive goods that are already encompassed in other goods in the identification of
`goods/services.
`
`Applicant may adopt the following identification, if accurate:
`
`Class 009
`
`VEHICLE SAFETY EQUIPMENT NOT FOR SPORTING OR ATHLETIC USE,
`NAMELY, PROTECTIVE GUARDS, PADS, AND BRACES FOR BODY, HAND,
`KNEE, ELBOW, ANKLE, WRIST, SHOULDER, NECK, FINGER AND BACK, ALL
`THE FORGOING FOR USE WHILE DRIVING AND RIDING MOTOR VEHICLES
`FOR PROTECTION AGAINST ACCIDENTS AND INJURIES; PROTECTIVE
`CLOTHING FOR PROTECTION AGAINST ACCIDENTS AND INJURIES; GLOVES
`FOR PROTECTION AGAINST ACCIDENTS
`
`For assistance with identifying and classifying goods and/or services in trademark applications, please
`see the online searchable Manual ofAcceptable Identifcations ofGoods and Services at
`hm;//tess2.uspto.ggy/netahtml/tidm.htrnl.
`
`Please note that, while the identification of goods/services may be amended to clarify or limit the
`goods/services, adding to the goods/services or broadening the scope of the goods/services is not
`permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification
`to include goods/services that are not within the scope of the goods/services set forth in the present
`identification.
`
`_
`
`/W. Wendy Jun/
`Trademark Examining Attorney
`Law Office 103
`Phone - 571-272-8810
`Fax No. 571-273-8810
`
`wendy.jun@uspto. gov
`
`RESPOND TO THIS ACTION: Ifthere are any questions about the Office action, please Contact the
`assigned examining attorney. A response to this Office action should be filed using the form available at
`ht1p://www.us_p_to.ggV/teas/eT'EASpageD.htm. If notification of this Office action was received via e-
`mail, no response using this form may be filed for 72 hours after receipt ofthe notification. Do not
`attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
`
`Ifresponding by paper mail, please include the following information: the application serial number, the
`mark, the filing date and the name, title/position, telephone number and e-mail address of the person
`signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451,
`Alexandria, VA 22313-1451.
`
`STATUS CHECK: Check the status of the application at least once every six months from the initial
`filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system
`at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the
`complete TARR screen. Ifthe status of your application has not changed for more than six months,
`
`file://\\ticrs-ais-O1\ticrsexport\HtmlToTifiInput\REC000 12008_O3_17_l 1_13_S 5_TTABO . ..
`
`3/17/2008
`
`

`
`please contact the assigned examining attomey.
`
`Page 3 of 3
`
`file://\\ticrs-ais-01\ticrsexport\HtmlToTiffInput\REC000 12008_03_17_1 1_13_5 5_'I'1"ABO
`
`3/17/2008