NOTE TO THE FILE
SERIAL NUMBER: 88132735
DATE: 12/06/2018
NAME: jhill4
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone X Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT 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:From: Meyer, Charles J [mailto:cmeyer@uspatent.com]
Sent: Thursday, December 06, 2018 8:54 AM
To: Hill, James <James.Hill@USPTO.GOV>; DocketDept <DocketDept@uspatent.com>
Cc: Sneed, Danielle Y. <danielle@uspatent.com>
Subject: RE: Trademark Application Nos. 88132703, 88132735, 88132737 (Docket Nos. 7440-168, 169, 170) - SPEEDWAY MOTORS, TEAM SPEEDWAY MOTORS, S
Mr. Hill,
Thank you for your voicemail and email messages. The revisions you propose are acceptable. Please proceed with entering those via examiner’s amendment. We appreciate your assistance. If you need anything further, please let us know.
Sincerely,
--Charlie Meyer--
Charles J. Meyer | Partner
Salesforce Tower | 111 Monument Circle, Suite 3700 | Indianapolis, IN 46204
Direct: 317.713.4934| Main: 317.634.3456 | Fax: 317.637.7561 | Email: cjmeyer@uspatent.com
This message is intended solely for the above addressee. If the reader of this message is not the addressee or the employee intended or agent responsible for delivering the message to the recipient, you are hereby notified that this transmission may contain privileged or confidential information and dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by phone and destroy the original.
From: Hill, James [mailto:James.Hill@USPTO.GOV]
Sent: Thursday, December 6, 2018 8:46 AM
To: Meyer, Charles J; DocketDept
Subject: Trademark Application Nos. 88132703, 88132735, 88132737 (Docket Nos. 7440-168, 169, 170) - SPEEDWAY MOTORS, TEAM SPEEDWAY MOTORS, S
Dear Mr. Meyer,
Following up on my phone message, I am the Trademark Examining Attorney at the United States Patent and Trademark Office reviewing your trademark application for the SPEEDWAY MOTORS marks (Serial Nos. 88132703, 88132735, and 88132737), and I wanted to discuss the following issues with you.
Mark Description: As the drawings are in black and white, and no colors are claimed, the mark descriptions should not contain references to color. If it is agreeable, I propose amending to the following:
88132703 (SPEEDWAY MOTORS):
The mark consists of a solid circle. Extending over the circle is a stylized version of the word "SPEEDWAY" and the outline of a circular wheel shape. The end of the letter "Y" extends to partially underline the word "SPEEDWAY" and connects to the outline of the wheel shape. The word "motors" is within the outline of the wheel shape and below the word "SPEEDWAY".
88132735 (TEAM SPEEDWAY MOTORS):
The mark consists of a solid circle. Extending over the circle is a stylized version of the word "SPEEDWAY" and the outline of a circular wheel shape. The end of the letter "Y" extends to partially underline the word "SPEEDWAY" and connects to the outline of the wheel shape. The word "motors" is within the outline of the wheel shape and below the word "SPEEDWAY". The word "TEAM" is outside of the circle and above the word "SPEEDWAY".
88132737 (S):
The mark consists of a solid circle. A stylized letter "S" and the outline of a circular wheel shape overlay the circle.
Disclaimer Statement: Because it describes applicant’s services, the wording “TEAM” and “MOTORS” should be disclaimed. I propose adding the following disclaimer statements to the record:
88132703 (SPEEDWAY MOTORS):
No claim is made to the exclusive right to use “MOTORS” apart from the mark as shown.
88132735 (TEAM SPEEDWAY MOTORS):
No claim is made to the exclusive right to use “TEAM” and “MOTORS” apart from the mark as shown.