NOTE TO THE FILE
SERIAL NUMBER: 88200435
DATE: 07/10/2019
NAME: dstringer
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 Left message with
X email Attorney/ApplicantRequested Law Library search 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:Sent:Wed 7/10/2019 6:49 AM
Mr. Page,
Unfortunately, I cannot provide you with legal advice concerning your desire to register a trademark for the sole purpose of acquiring a name on a social media platform. I can only inform you that your application has been refused registration because your applied-for mark is confusingly similar to trademarks that have already been registered with the Office.
Best,
-Daniel Stringer
From: Emerald Page [mailto:holleratemerald@gmail.com]
Sent: Tuesday, July 09, 2019 8:32 PM
To: Stringer, Daniel <Daniel.Stringer@USPTO.GOV>
Subject: Re: U.S. TRADEMARK APPLICATION NO. 88200435 - EMERALD - N/A
Hi Daniel,
I would like to follow up regarding the below letter / notice. I am not really familiar with this process and I submitted my response without consulting any professional advice. That being said, I would like to ask directly what I can do to correct the issues with my application.
I basically just need to be able to use EMERALD as an identity for me to use on social media platforms such as instagram, twitter, etc. (specifically @emerald) so I may submit my trademark certificate to said social media platforms and acquire existing “inactive" accounts with @emerald handles (here are the links for reference instagram and twitter) This way, I may be able to use these accounts for future branding and marketing purposes. Per instagram and twitter policies, I would only be able to acquire @emerald account if I am an owner of a trademark for such brand / name. My real name is Emerald Listermann and would like to trademark my first name as my own identity on the web.
Please advise on how I can get the application pushed through with the about intention / premise.
Thanks for your help!
On Apr 21, 2019, at 10:38 AM, ecom103 <ecom103@uspto.gov> wrote:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 4/21/2019 FOR U.S. APPLICATION SERIAL NO. 88200435
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond. Please follow these steps:
(1) READ THE LETTER by clicking on this link or going to http://tsdr.gov.uspto.report/, entering your U.S. application serial number, and clicking on “Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.
(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 4/21/2019, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. A response transmitted through TEAS must be received before midnight Eastern Time of the last day of the response period.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.
(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below.
/Daniel S. Stringer/
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 103
571.272.8975
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay “fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.