NOTE TO THE FILE
Sent to TICRS as Serial Number: 86915641SERIAL NUMBER: 86915641
DATE: 06/07/2016
NAME: ekon
NOTE:
From: LaVine, Jordan [mailto:Jordan.LaVine@flastergreenberg.com]
Sent: Monday, June 06, 2016 9:47 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Subject: RE: Re MARTHA STEWART COLLECTION DREAM SCIENCE Trademark Application #86915641
Elissa,
All of these proposed amendments are acceptable.
Thank you.
/Jordan lavine/
Jordan A. LaVine
4 Penn Center, 1600 JFK Blvd., 2nd Floor, Philadelphia, PA 19103
Phone: 215.279.9389 Cell: 610.329.8034 Fax: 215.279.9394
Email: jordan.lavine@flastergreenberg.com
email l bio l offices l v-card
From: Kon, Elissa Garber [mailto:ElissaGarber.Kon@USPTO.GOV]
Sent: Monday, June 06, 2016 6:06 PM
To: LaVine, Jordan
Subject: Re MARTHA STEWART COLLECTION DREAM SCIENCE Trademark Application #86915641
Dear Jordan
I am the trademark examining attorney to whom this application has been assigned. There are minor issues that we can resolve by examiner’s amendment based on your reply to this email or a phone call.
First, the applicant must disclaim the descriptive word COLLECTION. The statement should read as:
--No claim is made to the exclusive right to use “COLLECTION” apart from the mark as shown.
Second, there is no written consent in the application. The applicant has claimed ownership of U.S. Reg. No. 4164857, which contains a written consent to register MARTHA STEWART for the same goods. With your authorization, I can note for the record that the claimed registration contains a written consent. See TMEP section 1206.04(c). Then, I can add the following statement to the record:
--The name “MARTHA STEWART” identifies a living person whose consent is of record in a valid registration owned by the applicant.
Please let me know how you want to proceed or if you have any questions. Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov