NOTE TO THE FILE
SERIAL NUMBER: 88036869
DATE: 05/03/2019
NAME: kray
NOTE:
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 TRADEUPS
From: Amy Adler [mailto:atadler@davismcgrath.com]
Sent: Friday, May 03, 2019 1:01 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>; trademarks <trademarks@davismcgrath.com>
Cc: William T. McGrath <wmcgrath@davismcgrath.com>
Subject: RE: TM Applications for “BUBBLE SOCCER”, “BUBBLE FUTBOL”, “BUBBLE FOOTBALL” (serial nos. 88036869, 88036870, 88036874)
Hi Kim,
We agree with your proposed disclaimers of SOCCER, FUTBOL, and FOOTBALL respectively. Thank you.
Best regards,
Amy Adler
Davis McGrath LLC
125 S. Wacker Dr., Suite 1380 | Chicago, IL 60606
(312) 332-3033 (main) | (312) 332-1178 (direct) | (312) 332-6376 (fax)
From: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Sent: Friday, May 3, 2019 7:52 AM
To: trademarks <trademarks@davismcgrath.com>
Cc: William T. McGrath <wmcgrath@davismcgrath.com>
Subject: TM Applications for “BUBBLE SOCCER”, “BUBBLE FUTBOL”, “BUBBLE FOOTBALL” (serial nos. 88036869, 88036870, 88036874)
This email is intended for William T. McGrath and/or any authorized party
United States Trademark Applications:
- Serial No. 88036869 — “BUBBLE SOCCER”
- Serial No. 88036870 — “BUBBLE FUTBOL”
- Serial No. 88036874 — “BUBBLE FOOTBALL”
Dear Mr. McGrath,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your above-referenced trademark applications. I received your Responses to my Office Actions. Based on the evidence presented, I think it is appropriate to drop the Section 2(e)(1) refusal in each of these cases. However, second term in each mark will need to be disclaimed in each respective application. If you agree to the following disclaimers, I can enter them in each application via Examiner’s Amendment and then be able to approve each to proceed:
Serial No. 88036869 — “BUBBLE SOCCER”
No claim is made to the exclusive right to use “SOCCER” apart from the mark as shown.
Serial No. 88036870 — “BUBBLE FUTBOL”
No claim is made to the exclusive right to use “FUTBOL” apart from the mark as shown.
Serial No. 88036874 — “BUBBLE FOOTBALL”
No claim is made to the exclusive right to use “FOOTBALL” apart from the mark as shown.
If you agree to the amendments, I can make the changes for you via an Examiner’s Amendments and the applications may proceed toward registration.
Please feel free to call or email me to discuss these issues further. Thank you!
Sincerely,
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Office 6A74
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.