NOTE TO THE FILE
SERIAL NUMBER: 88119762
DATE: 12/10/2018
NAME: vcerda
NOTE:
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for: and entered changes in TRADEUPS
From: Shlomo Klein [mailto:smkk.osy@gmail.com]
Sent: Monday, December 10, 2018 9:26 AM
To: Cerda, Victor <Victor.Cerda@USPTO.GOV>
Subject: Re: Applied-for mark: PERFORMANCE ENHANCING PLANT (Ser. # 88119762)
Dear Mr. Cerda:
Thank you for your email.
I agree to the disclaimer that
"No claim is made to the exclusive right to use "PLANT" apart from the mark as shown."
Shlomo Klein
On Mon, Dec 10, 2018 at 9:09 AM Cerda, Victor <Victor.Cerda@uspto.gov> wrote:
Good morning:
I’m writing to follow up from my telephone message of a moment ago and to propose an examiner’s amendment with respect to the above-referenced application—specifically, for a disclaimer (via examiner’s amendment) of the merely descriptive wording of “PLANT”. Here, the word “PLANT” is descriptive of a nature, quality, and/or ingredient of the identified goods, “herbal infusions,” and so needs to be disclaimed before the application can proceed. Please note, a disclaimer does not change the appearance of the mark.
If you were to authorize this disclaimer, it would read as follows:
DISCLAIMER
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use "PLANT" apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
To proceed with the above disclaimer via examiner’s amendment, an email reply (from someone with legal authority to speak for the LLC, such as Mr. Klein, who signed the application) clearly authorizing the same would suffice. Alternatively, if you have any questions or would like to discuss this further, please do not hesitate to contact me at the direct dial telephone number listed below.
Please note, if you would like to proceed with the above-referenced examiner’s amendment, I would need to confirm that by the end of today.
Best regards,
Victor Cerda
Trademark Examining Attorney – Law Office 123
United States Patent & Trademark Office
(571) 270-1280 | victor.cerda@uspto.gov
All informal e-mail communications relevant to this application will be placed in the official application record.