Applicant is “Offspec Solutions”, a sole proprietorship organized/incorporated under the laws of Washington, comprised of Nicholas D. Scoyni, a United States individual. See attachments in office action *87197276* issued 1/25/2017 -37 C.F.R. §2.32(a)(3)(ii)-(iv); TMEP §§803.03 et seq., 803.04.
1. Answer to issue number one Office Action
Any amendments to the identification of goods and/or services “may clarify”or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see attachments in office action *87197276* issued 1/25/2017- TMEP §§1402.06 et seq.
In the disclaimer that the examiner amended both Nicholas D Scoyni and examiner agreed upon…show more content… As it not only clarifies the possibly descriptive action of the word combination in this case as to the owner of this trademark it is meant as a preposition and not a verb, or noun “Off” (moving away and often down from, “He rolled off the bed”.) and “spec” as an informal noun (in the hope of success but without any specific commission, or instruction. “he built the factory on spec and hoped someone would buy it”.) Meaning in total moving away from any specific instruction. We contend without trying to sound facetious to this serious issue that this provides a meaning far from merely descriptive with the mere combination of “Off” and “Spec” with our intended meaning, and use. With full respect to the examiner in this case, as it is also understood that in the given field of information accessible to the examiner, we also would have come to the same conclusion, more so however if you include the third word combination that must be included, as a whole, as per disclaimer as to clarification.See attachments in office action *87197276* issued 1/25/2017 -15 U.S.C. §1056(a); TMEP §§1213,…show more content… In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968) (holding SUGAR & SPICE not merely descriptive of bakery products because of the mark’s immediate association with the nursery rhyme “sugar and spice and everything nice”.) “Offspec Solutions” is not descriptive to the trucking industry because it is situational in meaning not of the type of goods shipped, and the type of goods described by the examiner is “oversize loads” in the trucking industry not “Offspec”, as to terms used in the trucking industry. Those are the yellow signs on the front and back of semi trucks that drive up and down the highways, and are required to be called such by the federal government, and marked as such, and only referred to be called in such a manor in said industry, and may not in any way be referred to in any other way legally under federal government regulations. See
