NOTE TO THE FILE
SERIAL NUMBER: 85463387
DATE: 09/18/2012
NAME: mdall
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
email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT 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:
From: Lott, Maureen D.
Sent: Tuesday, September 18, 2012 12:09 PM
To: 'Nathan Belzer'
Subject: RE: U.S. Trademark Application No. 85463387 for AFRICAN PRIDE; Your Ref.: 40015-1(US56)
Hi Nathan,
Sounds great and thanks for pointing out the typo. I’ll get the EA out to you today.
Sincerely,
/Maureen/
Maureen D. Lott
Trademark Examining Attorney, Law Office 117
United States Patent and Trademark Office
571-272-9714
From: Nathan Belzer [mailto:nbelzer@belzerlaw.com]
Sent: Tuesday, September 18, 2012 11:52 AM
To: Lott, Maureen D.
Subject: Re: U.S. Trademark Application No. 85463387 for AFRICAN PRIDE; Your Ref.: 40015-1(US56)
Importance: High
Maureen:
Thanks for your email. I think the descriptions you have suggested are fine -- with one minor change. It looks like you have a typo in the color "gray" in the Description of the Mark: "The color gay appears in the shading over the rectangle." Otherwise, all looks fine to me.
Please proceed with the examiner's amendment accordingly.
Thanks again for all of your help with this. And, of course, feel free to email or call with any questions.
Regards,
Nathan
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah, GA 31405
phone: 912.236.3001
fax: 912.236.3003
email: nbelzer@belzerlaw.com
web: www.BelzerLaw.com
On Sep 16, 2012, at 7:25 PM, "Lott, Maureen D." <Maureen.Lott@USPTO.GOV> wrote:
Dear Mr. Belzer,
As you may recall, I am the trademark examining attorney reviewing the referenced application. Thank you so much for your August 14 response. I am happy to report that the response resolved almost all of the issues. In this regard, the only issues still requiring clarification are the requirements for clarification of the mark description and color claim. In your response, you kindly asked that some of the information regarding the white be clarified. However, this information does not resolve all of the issues regarding the color claim and description. In particular, the colors gray and green are in the mark and clarification is required.
Would you kindly let me know if the following color claim and description of the mark are acceptable to applicant?
Color Claim: The colors red, white, green and gray are claimed as a feature of the mark.
Description of the Mark: The mark consists of the word “AFRiCAN” inside a rectangle with a curved top. The rectangle is above the stylized word “PRIDE,” which is above a curved line. The color gay appears in the shading over the rectangle. The color red appears in the rectangle and is intermixed with gray at the top and edges. The color red also appears in the word “PRIDE” and in the curved line. The color green appears in the dot over the “i” in “AFRiCAN” in the mark. The color white appears in the word “AFRiCAN” in the mark, except for the dot over the letter “i.” The remainder of the white in the drawing represents background areas only and is not part of the mark.
If so (or if applicant has an acceptable alternative suggestion), I would be happy to quickly resolve this matter by issuing an examiner’s amendment.
Thanks so much for your assistance.
Sincerely,
/Maureen/
Maureen D. Lott
Trademark Examining Attorney, Law Office 117
United States Patent and Trademark Office
571-272-9714