NOTE TO THE FILE
Sent to TICRS as Serial Number: 88109544SERIAL NUMBER: 88109611
DATE: 12/20/2018
NAME: thussain
NOTE:
From: Sharon Jackson [mailto:jackson.ippilaw@gmail.com]
Sent: Wednesday, December 19, 2018 4:15 PM
To: Hussain, Tasneem <Tasneem.Hussain@USPTO.GOV>
Subject: Re: SERIAL NUMBER 88109544 TPG - one issue
Dear Ms. Hussain -
Thank you for your prompt response to my emails. Please see your email and my responses in red below:
SERIAL NUMBER 88109544 TPG: the specimen does not show the wording TPG for the Class 031 goods but does show it for the Class 005 goods. On the specimens submitted for Class 031 the mark is only shown as THE PET GLIDER but the mark here is TPG; TPG is not shown anywhere on the Class 031 specimens. Please let me know if you can submit a substitute specimen showing TPG for Class 031 or if you want to delete Class 031 and have the application approved for Class 005 only.
Response: I am working with my client to provide a substitute specimen for the Class 031 "in use" verification. I will have that to you as soon as possible but if not before Friday, please let me know if possible to send to you asap via email.
SERIAL NUMBER 88109574 PET GLIDER: The specimen is acceptable (the wording THE is inconsequential) . However, the wording PET GLIDER is descriptive and so I recommend an amendment to the Supplemental Register (you cannot disclaim the entire mark). You can approve the amendment with a simple email back to me with your authorization. To learn more about the Supplemental Register, please review the information I’ve provided below and also visit:
Response: The word THE is somewhat consequential in that the T is referenced in TPG (also TM application pending). Assuming the client can still use THE as in The Pet Glider to make the connection to TPG, that should be fine. However, on a second point, the Pet Glider is a coined name used for the Sugar Glider animals fed and sold by my client and specific to my client's business. If still considered "descriptive," please let me know and we will amend to the Supplemental Register.
SERIAL NUMBER 88109611 TPG THE PET GLIDER: for this application, you need to authorize the disclaimer of the descriptive wording “PET GLIDER” and submit an acceptable specimen because the specimen does not show the applied for mark (i.e., the top of the mark includes the word “THE” instead of “TPG”). In other words, the mark in this application is “TPG (Top of Circle) THE PET GLIDER (Bottom of Circle)” but the specimen just shows THE PET GLIDER (Bottom of Circle) and no TPG at all. The specimen must show the mark as applied for with TPG at the top and THE PET GLIDER under the design of the glider and within the bottom curve of the circle.
Response: I am working with my client to provide a substitute specimen to include TPG for the "in use" specimen. I will have that to you as soon as possible but if not before Friday, please extend my deadline to do so.
I’m not sure what you mean by “how do I apply for the International Trademark on all three of these at this point” because the applications have already been submitted.
Response: Is it possible at this point to supplement my application for the International status as well? It was my understanding that I merely need to pay an additional $100 fee per application to the USPTO once I had a Serial number to associate with the application.
Thank you for your attention and prompt responses with regard to these issues.
Regards,
Sharon
Sharon K. Jackson
Sharon K. Jackson
Attorney At Law
IPPI Law
Sunset Boulevard
Houston, Texas 77005
Tel: 713-542-7491