NOTE TO THE FILE
Sent to TICRS as Serial Number: 87867560SERIAL NUMBER: 88019141
DATE: 07/30/2018
NAME: dbednarz
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 X 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: Angelo DiStefano [mailto:adistefano@pwes.com]
Sent: Monday, July 30, 2018 3:00 PM
To: Bednarz, Dustin <Dustin.Bednarz@USPTO.GOV>
Cc: jaime wolf <jwolf@pwes.com>
Subject: Re: 87867560 – DAVID WEBB; 87867640 – DAVID WEBB NEW YORK; 87931113 – DAVID WEBB NEW YORK; and 88019141 – DAVID W WEBB
Hi Dustin,
We agree to adopt the following as amendments to the applications where appropriate:
1. “No claim is made to the exclusive right to use “NEW YORK” apart from the mark as shown.”
2. The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
If you have any other questions, please let us know.
Best regards,
Angelo
==============================
Angelo DiStefano, Esq.
Pelosi Wolf Effron & Spates LLP
The Woolworth Building
233 Broadway, Ste. 2208
New York, NY 10279
(212) 334-4801 (x6482)
(212) 571-9149 (facsimile)
On July 30, 2018 at 11:06 AM "Bednarz, Dustin" <Dustin.Bednarz@USPTO.GOV> wrote:
Mr. Wolf:
I am following up on a voicemail that I just left for you. I am contacting you regarding your client David Webb LLC’s applications to register the following marks:
87867560 – DAVID WEBB;
87867640 – DAVID WEBB NEW YORK;
87931113 – DAVID WEBB NEW YORK; and
88019141 – DAVID W WEBB.
As I mentioned in my voicemail, for Ser. No. 87931113 – DAVID WEBB NEW YORK, I am requesting your authorization to add the following disclaimer statement to the record, as “NEW YORK” is geographically descriptive:
“No claim is made to the exclusive right to use “NEW YORK” apart from the mark as shown.”
Additionally, I am inquiring as to whether or not “DAVID WEBB” identifies a particular living individual. If it does not, I am requesting your authorization to add the following statement to the record of all 4 applications:
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
Alternatively, if “DAVID WEBB” does identify a particular living individual, please let me know and I may issue Office Actions requiring consents to be filed with the USPTO.
Please let me know how you wish to proceed. With your authorization to make the changes noted above, I may proceed with approving these applications for publication in the Official Gazette.
Please respond by 1:00pm EDT, Wednesday Aug. 1, 2018 if you wish to proceed via Examiner’s Amendment; if you need more time or if “DAVID WEBB” identifies an individual, please let me know and I may issue Office Actions addressing these requirements.
If you have any questions, please feel free to contact me at the phone number or e-mail address below.
Regards,
/Dustin Bednarz/
Trademark Examining Attorney
USPTO Law Office 121
571.270.1151