NOTE TO THE FILE
SERIAL NUMBER: 88082822
DATE: 11/09/2018
NAME: ekon
NOTE:
From: Kon, Elissa Garber
Sent: Friday, November 09, 2018 5:28 PM
To: 'julianne_bochinski@conair.com' <julianne_bochinski@conair.com>
Subject: Re WARING COMMERCIAL XPRESS Trademark Application #88082822
Dear Julianne
I am the trademark examining attorney to whom this application has been assigned. There are a few minor issues that we can resolve by examiner’s amendment, based on your reply to this email or a phone call/message.
First, the application states that this is not a color mark but the mark description contains the colors black and white. If color is not claimed, then please authorize me to enter the following amended mark description:
- The mark consists of the letters "P" "R" "E" "S" "S" superimposed across the letter “X” with the word “WARING” inside a shaded rectangular background, above the word “COMMERCIAL”, in the upper right corner.
If color is claimed then please authorize me to enter the following color claim and mark description:
- The colors black and white are claimed as a feature of the mark.
- The mark consists of the letters "P" "R" "E" "S" "S" in black superimposed across the letter “X” in white with black outline, with the word “WARING” in white inside a black rectangular background, above the word “COMMERCIAL” in black, in the upper right corner.
Second, the applicant must disclaim “COMMERCIAL” because it describes the intended use for the goods. The statement should read as:
- No claim is made to the exclusive right to use “COMMERCIAL” apart from the mark as shown.
Please let me know how you want to proceed or if you have questions. Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.