In re Trademark Application of : Office Action – 06/10/09
:
Dr. Kermit Mallette :
: Examiner: Myriah A. Habeeb
:
Application No: 77/691348 : Law Office 105
:

Mark: M-24-CR

RESPONSE TO OFFICE ACTION

This paper responds to the office action issued in this matter on June 10, 2009. In the office
action, the Examining Attorney raised several informalities that to be addressed.

Amendment of Identification

The Examining Attorney requested that the identification be amend and suggested the following:

• Dental instruments, namely, implements used to remove dental crowns, bridges, and
other dental prosthetics or restorations, namely, [applicant to specify implements, i.e.,
dental excavators, oral irrigators, dental picks, etc.]; dental kits consisting of
instruments for removing dental crowns, bridges, and other dental prosthetics or
restorations, namely, [applicant to specify instruments, i.e., dental excavators, oral
irrigators, dental picks, etc.]; dental systems for removing dental crowns, bridges, and
other dental prosthetics or restorations comprised of [applicant to specify implements,
i.e., dental excavators, oral irrigators, dental picks, etc.]; crown and bridge remover;
pneumatic crown and bridge remover; dental accessories, namely, applicators, namely,
[applicant to specify Class 10 applicators, i.e., dental spatulas, etc.].”

The problem with amending the identification to “specify implements” is that Applicant’s
particular dental instruments and dental system defy any common description or common
commercial name. The Applicant has created a revolutionary dental system for removal of
dental crowns, bridges, and other dental prosthetics or restorations. It is not an excavator,
irrigator, pick, etc. It is a plurality of components used in conjunction with common dental
accessories designed to releasably attach and facilitate the removal of the aforementioned
without damage thereto and minimal discomfort for the patient. It is unlike any conventional
crown and bridge remover.

Applicant would be happy to confidentially provide the Examining Attorney with illustrations of
the aforementioned invention in a manner not publicly disclosed on TEAS.

If after vetting Applicant’s confidential disclosure, the Examining Attorney still requests an
amendment – Applicant proposes the following identification:
• Dental instruments, namely, crown and bridge removers for the removal of dental
crowns, bridges, and other dental prosthetics or restorations; dental kits providing a
plurality of crown and bridge removers of varying dimensions for removing dental
crowns, bridges, and other dental prosthetics or restorations; dental systems featuring an
innovative arrangement of crown and bridge removers for removing dental crowns,
bridges, and other dental prosthetics or restorations; crown and bridge remover;
pneumatic crown and bridge remover

Per the goods recommended for removal to IC 005, Applicant does not wish to pursue any
additional classes and will amend the identification accordingly to restrict goods to only one (1)
class – IC 010.

Significance of Mark

The Examining Attorney requested that Applicant explain whether “M-24-CR” or “M” “24”
“CR” have any meaning or significance in the industry in which the goods are manufactured, or
if such wording is a “term of art” within Applicant’s industry. Applicant must also explain
whether this wording identifies a geographic place or has meaning as an acronym. See 37
C.F.R. §2.61(b); TMEP §814.

Per the foregoing request, the Applicant’s mark, M-24-CR, is not a model number and will serve
to identify and distinguish Applicant’s goods from those of others and indicate the source of
Applicant’s goods. The “M” represents his last name – Mallette. The “24” represents his
fraternal line number. The “CR” is an abbreviation for crown remover. All of the goods listed in
the identification will be sold under the M-24-CR trademark.

Conclusion

In light of the foregoing, Applicant respectfully requests that the subject mark be approved for
publication.