in which trump is not a definite in fact it is reasonably particular and omega was on whether or not i don't understand why you said you would not make  e change that the examiner how do you should make one you seem to be telling us that the train conform to the facts i mean maybe maybe the examiner was being too demanding and requesting the specific change but ok so was what's in there for what why shouldn't it be made unless with some suspicious people might say that you really hope peculiar because the description of the goods in your first amended application includes walker's that's correct your honor in fact all right now i don't understand why if it includes watches you also add chronographs why should we here and i understand the answer to that it's in your reply brief answer is you have other registrations where you got the word chronograph group well and you're afraid that somebody is going to challenge them being inv validation that's correct cancellation is a registration is rejected without a change to that description than the especially the most recent cases of this court now did you know that something very interesting so if gag i don't believe the not existing registration a new application registration must be filed which of course creates problems with priority date we have just been granted on september nineteenth two thousand and six another attorney you have some substantial probably substantial described her to determine the degree of specificity replies and describing the goods to which the mark will be attacked yes your hon century and more i found it to be clear that c c eight decision in this case from which we are dealing states that the office policy must change when there is cause for change  this is legal and lucian is not only incorrect but it has no basis in any fact that appears the reason the board is say that was because i recognize that there was a change that it was now and that change is an inconsistent application of the rules and regulations but what was your view point that this is a usage that has has not caused anybody any problem for decades and has been relied on by  do they not have registrations that just use the word color graph there are some and here are those that are those that with a company could somebody challenge those and say well chronograph is not sufficiently descriptive of the good therefore you question is that over time markets developed markets gramaphone their branch out let's imagine forty years ago perhaps i registered a market for software and nowadays generations and they're worried that those trademarks are going to be held invalid i'm not sure what your answer is to that i mean do they have a real risk or don't they have any real risk was great because because their board in this case what does that go to all these other registration they all now contain and indefinite charm right i don't think it's going to hurt those various traditions of parties who have been in their lives going to are ever going forward competitor of this company comes in and says to the board it's now been determined that their registration contains an indefinite term and since the registration is no longer be changed we ask you to declare that registration and valid at least as applied to chronographs what does the horses do would you permit it to be checked can you can you undermine the registrations the sequel has well i should say take that risk when you say don't necessarily i hear a lot of hedging in what you tell us but i think you must change because it has it again doesn't want to be a test case they have a choice they can either man the application as the examining attorney requested or they can go ahead with the application and i think i think it would indeed be helpful if it is both of you could pursue these issues that seem so uncertain in exchange or briefs before you file them with us so that you can us through to the next stage we may or may not ask you to come back for further argument depending on how clear it is it seems at the time if the office meanwhile can work it out internally  hear from you see what happens next