Notation to File

ZOMBIE

Harper, John

Notation to File

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.com

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       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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

Get Outlook for Android

 


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.

 


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