NOTE TO THE FILE
SERIAL NUMBER: 77899711
DATE: 03/20/2010
NAME: ssettles
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailboxDiscussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT X DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER:Significance of the Mark:
From: Michael H. Jester [mailto:mjester@jesterlaw.com]
Sent: Friday, March 19, 2010 9:14 PM
To: Settles, Shaila E.
Subject: Re: US PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING APPLICATION SERIAL NO. 77899711 (Dig811)
Dear Ms. Settles:
The "Dig" portion of the mark is suggestive of excavation, as in excavating at construction sites.
The number "811" connotes a phone number that construction personnel can call before excavating at a construction site to find out if there are any buried, pipes, cables, or other utilities that need to be avoided.
Please note that the goods recited in the application are application software used on smart phones.
The Dig811 mark for which registration is sought is a coined mark consisting of a combination of a word part and a number part.
The Dig811 mark is, at most, suggestive of certain characteristics of the application software recited in the subject application, and the mark as a whole is not merely descriptive of the goods.
Sincerely,
Michael H. Jester
Attorney for Applicant
SeekTech, Inc.