Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88101944

DATE:                                12/15/2018

NAME:                               bleerichardson

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
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           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:

Hi Brittany,

 

Thank you for your email and voicemail message.   Please see responses below:

 

1) Yes, please amend as per your recommendation.

 

2) Yes, please amend as per your recommendation.

 

3) & 4) Understood, we are prepared to submit revised versions of the drawing and the specimen as suggested by you.

 

 

If you would like me to contact you on Monday I am more than happy to.  I sincerely appreciate your assistance.  Have a great weekend!

 

Sincerely,

 

 

On Dec 14, 2018, at 11:46 AM, Lee-Richardson, Brittany <Brittany.Lee-Richardson@USPTO.GOV> wrote:

 

Dear Mr. Todd,

 

This email is to follow up my call regarding subject application for the mark AIRBORNE INTERNATIONAL RESPONSE TEAM AIRT EX VENTO SPES featuring design. Four issues must be addressed before this application can proceed to publication. Please see below.

 

Issue 1: Disclaimer (Can be handled by Examiner’s Amendment)

 

The disclaimer of record requires amendment.  The wording “AIRBORNE INTERNATIONAL RESPONSE TEAM” must be disclaimed, as it is descriptive of the applied-for services.  A disclaimer simply means the applicant is not claiming rights to the wording being disclaimed apart from the entirety of the mark, and will appear on the record as follows:

 

No claim is made to the exclusive right to use “AIRBORNE INTERNATIONAL RESPONSE TEAM” apart from the mark as shown.

 

Issue 2: Mark Description (Can be handled by Examiner’s Amendment)

 

The current mark description includes inappropriate information and requires amendment. The following is suggested:

 

The mark consists of a concentric circles with the wording “AIRBORNE INTERNATIONAL” on the top rim of the outer circle and the wording “RESPONSE TEAM” on the bottom rim of the outer circle. A stylized sun appears before the word “AIRBORNE” and a stylized moon appears after the term “INTERNATIONAL”. Encompassed within the middle of the inner circle is the acronym “AIRT”. Above the acronym is a stylized depiction of an unmanned vehicle and below the acronym is the wording “EX VENTO SPES” above a stylized depiction of the world.  In front of the world design is a stylized heart encompassing a cross above a stylized hand.

 

Issue 3: Drawing (Can be handled by Priority Action)

 

The drawing includes the registration symbol ®, which is not permissible.  Therefore, a new drawing must be submitted without ® symbol. This can be submitted in response to the Priority Action that we can send.

 

Issue 4: Specimen (Can be handled by Priority Action)

 

The specimen of record is unacceptable, as it fails to demonstrate the applied-for mark in relation to monetary acceptance/administration services.  Therefore, a new specimen is required.  This can be submitted in response to the Priority Action that we can send. An example of a proper type of specimen, would be a website showing the mark and showing that the applicant accepts charitable donations.

 

 

If you would like to address this/these matter(s) by Examiner’s Amendment/Priority Action, please respond by noon (est.) on Monday, December 17th.

 

Should you have any questions, please respond to this email or contact me at the number below.

 

Thank you

 

 

Brittany Lee-Richardson, Esq.

Trademark Examining Attorney Advisor

Law Office 116

U.S. Patent & Trademark Office

600 Dulany Street | Alexandria, VA 22314

571.272.9750

 

Strive for excellence. Seek the stars. Be the best you can be.

 

Please note: all relevant e-mail communications will be placed in the official application record.  See TMEP §§709.04-709.05.  Additionally, while the trademark examining attorney may provide additional explanation regarding the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.