SERIAL NUMBER: 88050556
DATE: 08/21/2018
NAME: efennessy
NOTE:
Searched:
Google
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:
Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailbox
Checked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/Applicant
Requested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
PRINT 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:
OTHER:
From: Smith, Pam P. [mailto:ppsmith@balch.com]
Sent: Monday, August 20, 2018 2:46 PM
To: Fennessy, Edward <Edward.Fennessy@USPTO.GOV>
Subject: RE: WATERFALL COFFEE 88050556
Dear Mr. Fennessy,
I have confirmed with my client the disclaimer. You can disclaim “COFFEE” apart from the mark as shown. If you would enter an Examiner’s Amendment, I would be grateful.
Thank you.
Sincerely,
Pam
Pamela Payne Smith, Partner, Balch & Bingham LLP
1901 Sixth Avenue North • Suite 1500 • Birmingham, AL 35203-4642
t: (205) 226-3404 f: (205) 488-5891 e: ppsmith@balch.com
www.balch.com
From: Fennessy, Edward [mailto:Edward.Fennessy@USPTO.GOV]
Sent: Friday, August 17, 2018 5:15 PM
To: Smith, Pam P.
Subject: WATERFALL COFFEE 88050556
[External Email] Please use caution.
Pam P Smith
Docket Number: None
Primary Email Address: ppsmith@balch.com
Email Authorized: YES
Correspondence Address: PAM P SMITH
BALCH & BINGHAM LLP
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, AL 35203
Dear Ms. Smith,
Your application for registration referenced above cannot be approved for publication because it does not include a disclaimer of the descriptive term “coffee.”
The goods consist of coffee. Therefore, the word “coffee” in the mark describes the type of goods and the exclusive right to this term apart from the mark as a whole must be disclaimed.
Please indicate in a response to this message whether you consent to the addition of the necessary disclaimer statement.
If so, I will add the statement for you so that the application may proceed.
Sincerely,
Edward Fennessy
Attorney/Advisor
United States Patent and Trademark Office
1.571.272.8804
www.USPTO.Gov
Edward.Fennessy@uspto.gov
LO 114
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