NOTE TO THE FILE
SERIAL NUMBER: 88071749
DATE: 11/28/2018
NAME: kmoninghoff
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
X Other: zombieconstruction.comChecked:
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 X Added design codes 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:X OTHER:
From: Moninghoff, Kim
Sent: Wednesday, November 28, 2018 1:52 PM
To: 'John Harper' <rowdyharper77@hotmail.com>
Subject: RE: Trademark Application #88071749 ZOMBIE
Thank you. You should receive an email with the link to the Examiner’s Amendment later today.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
Fax: 571-273-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
From: John Harper [mailto:rowdyharper77@hotmail.com]
Sent: Wednesday, November 28, 2018 1:32 PM
To: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Subject: Re: Trademark Application #88071749 ZOMBIE
I give my consent on the changes.
John Harper
From: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Sent: Wednesday, November 28, 2018 10:56:56 AM
To: rowdyharper77@hotmail.com
Subject: Trademark Application #88071749 ZOMBIE
Mr. Harper,
I am an examining attorney with the U.S. Patent and Trademark Office. I’ve been assigned to review the trademark application you filed with our Office. Before I can approve the mark for publication, there are some issues that must be addressed. I can take care of these for you if you provide your consent by reply email or phone.
(1) Mark Description. The mark description needs some minor amendments. Specifically, it needs to reference the additional skull in the term ZOMBIE and because marks usually must appear on a white background, it must reference the shaded background. I’ve also made some grammatical amendments. The following would meet our requirements:
The mark consists of crossed spud wrenches in the background, and a skull wearing a hardhat with a zombie head and curved lines suggestive of a wireless signal in the middle. There is a self-support telecommunications tower on one side, and a monopole on the other. The stylized term “Zombie” with a skull representing the letter “O” is on top in the middle. The mark appears on a shaded background.
(2) Disclaimer. When a mark includes descriptive wording, we require a disclaimer, which is a statement indicating that trademark rights are not claimed in just the descriptive wording. Similarly, we require disclaimers of realistic designs that describe services. In this case, the telecommunications tower, antenna, and satellite dish designs must be disclaimed. The disclaimer is a statement that only goes in the Office’s records. No change is made to the mark itself or how it is used in commerce. The disclaimer statement would read as follows:
No claim is made to the exclusive right to use the designs of the telecommunications tower, antenna, and satellite dish apart from the mark as shown.
(3) Identification of services. Your services need some amendments to meet our formatting requirements. Additionally, the term construction is used instead of build, but only construction of structures is classified in Class 37 so the construction services need to be limited to telecommunications towers. The term “troubleshooting” is broad enough to include diagnostic services, which are classified in a different class. Therefore, these services need to be limited to repair. The following amendments would meet our requirements:
Construction of telecommunications towers; installation, maintenance, upgrading, repair, and troubleshooting in the nature of repair of telecommunications networking hardware, apparatus, and instruments, including on towers, monopoles, and rooftops, in Class 37.
If this wording does not cover your overlay services, and/or you would like to add diagnostic services (which would require an additional fee), please let me know and I will provide you additional suggestions.
If you consent to the above amendments, you can let me know by reply email or phone. I will then enter the amendments for you and send you a confirmation letter called an Examiner’s Amendment. I will also approve the mark for publication.
If you have any questions, please let me know.
If I don’t hear back from you by the end of the day Monday (12/3), I will send you a formal letter (also by email) for the above issues. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
Fax: 571-273-4738
All informal e-mail communications relevant to this application will be placed in the official application record.