Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88124062

DATE:                                03/31/2020

NAME:                               sblane

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
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           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
 X   Changed TRADEUPS to: amend mark description

     OTHER:

Yes, I approve. Thank you so much. I completely understand your viewpoint of the mark and the change.

 

On Wed, Mar 18, 2020, 10:20 PM Blane, Suzanne <Suzanne.blane@uspto.gov> wrote:

Hello Raymond,

 

I’m the examining attorney reviewing your application.  I drafted the revival notice for your application and noted the need for an amended mark description.  The changes you suggest are material changes that can’t be made because they are significantly different from how the description appears in the initial application. 

 

The original description is “The mark consists of V shaped mark with two lines making the letter F from the left to the right of mark. Tip on the right tip of the V.”

 

I suggested the following amendment:

“The mark consists of a V shaped mark with the left diagonal line forming the vertical line of the letter F.  The tip of the right vertical line forming the V is topped by a small quadrilateral form in a lighter shade than the rest of the mark.”

 

In your petition to revive the application, you provided the following amendment:

“The mark consists of letter "F" with a line not connecting to the "F" which forms a "T" shape upside down. Mark has a point on the tip of the line to spell out the word "FiT".

 

Although applicant intends the mark to represent the word “fit,” that does not mean that the overall commercial impression of the mark is that of the term.  Therefore, only the suggested amendment is acceptable, or something similar that doesn’t introduce new elements such as the letters “T” and “I” or the word “fit.”  Upon registration, protection is provided for the mark as it appears in the drawing, not for the word “fit.” 

 

If applicant approves the suggested amendment, I can made the change to the record via Examiner’s Amendment and then approve the mark for publication.  Approval can be provided by responding to this email. 

 

Please let me know if there are any questions.

 

Regards,

Suzanne

 

Suzanne Blane

Examining Attorney

Law Office 114