NOTE TO THE FILE
SERIAL NUMBER: 87777290
DATE: 07/12/2018
NAME: ssettles
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed 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 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:
From: Lewis, Shaila E.
Sent: Thursday, July 12, 2018 8:30 PM
To: 'trademarkcopyrightlaw@gmail.com' <trademarkcopyrightlaw@gmail.com>
Subject: U.S. PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING U.S. APPLICATION NO. 87777290 (EJECT)
Mr. Weinstein,
I reviewed your June 26, 2018, response, and have to maintain the mark description requirement. In your response, you proposed the following mark description: “The mark consists of the word "EJECT" in large capital letters beneath the design of a bullhorn facing left with a fist emerging from the center of the horn, which represents the "E" in EJECT.”
This proposed mark description cannot be accepted because it implies that the design is used to create the first letter “E” in the word “EJECT” in the mark. However, the drawing of the mark in the application shows the literal element separate from the design. As a result, the mark description must clearly indicate that the mark consists of the literal element “EJECT” which is separate from the design that appears above.
I would propose the following mark description: The mark consists of the word “EJECT” in large capital letters beneath the design of a bullhorn facing left with a fist emerging from the center of the horn, giving the appearance of a letter “E”.
If you like to adopt the suggested amendment, I’m happy to enter an examiner’s amendment. Please let me know how you would like to proceed.
Kind regards,
Shaila E. Lewis
Trademark Examining Attorney
Law Office 114
(571) 270-1527 (work)
(571) 270-2527 (fax)