Goldstein, Steven

THE UNITED STATES PATENT AND TRADEMARK OFFICE
TRADEMARK EXAMINING OPERATION

In re U.S. Trademark Application )
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Applicant: Steven Goldstein ) Examining Atty: Matthews, Amos
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Serial No.: 77/095722 ) Law Office: 117
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Filed: January 31, 2007 ) Our Ref. No.: 092624.010200
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Mark: EAR POLLUTION )
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Assistant Commissioner for Trademarks
Post Office Box 1451
Alexandria, VA 22313-1451
BOX RESPONSES
NO FEE

RESPONSE TO NON-FINAL OFFICE ACTION

Applicant Steven Goldstein (“Applicant”) hereby responds to the non-final Office

Action issued by the Examining Attorney on March 23, 2007. In the Office Action, the

Examining Attorney required amendments to the identification of goods, and a disclaimer

of exclusive rights to the wording “Ear” apart from the mark as shown. The Examining

Attorney also requested information clarifying the nature of the goods on which

Applicant intends to use its mark. Applicant responds to each of the requirements

individually below.
Likelihood of Confusion

Applicant notes with appreciation that the Examiner has found no similar

registered or pending marks which would bar registration.

Disclaimer

Applicant agrees to the required disclaimer of exclusive rights to “EAR” apart

from the Mark as shown. Applicant accordingly requests that the application be amended

to include the following statement:

No claim is made to the exclusive right to use “EAR” apart from the Mark as

shown.

Identification of Goods

The Examining Attorney has objected to the recitation of goods for being

indefinite. Please delete Identification of Goods in its entirety and substitute therefore:

International Class 9
Ear pieces for the filtration of unwanted noises to the ear.

The above amendment clarifies the nature of the computer services. Applicant

submits that the goods as presently defined are sufficiently definitive.

Request For Information

The Examining Attorney has requested that information be provided to more

clearly define the nature of the goods. Applicant submits that the goods are earpieces for

filtering unwanted noise and sounds from the ambient environment.
Evidence

In support of Applicant’s description Applicant attaches hereto as Exhibits A and

B printouts of web pages for similar goods.

Conclusion

As the foregoing satisfies all outstanding requirements regarding the application,

Applicant respectfully requests that the Examining Attorney approve the mark for

publication.

Respectfully submitted,

______/Richard E. Kurtz/_____________

Adam B. Landa
Wayne Harper
Attorneys for Applicant STEVEN GOLDSTEIN

GREENBERG TRAURIG, LLP
1750 Tysons Boulevard
Suite 1200
McLean, Virginia 22102
Telephone: (407) 418-2356
Fax: (407) 650-8455