NOTE TO THE FILE
SERIAL NUMBER: 88204581
DATE: 02/28/2019
NAME: dbednarz
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 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: Ben White [mailto:bwhite@ipla.com]
Sent: Thursday, February 28, 2019 2:41 PM
To: Bednarz, Dustin <Dustin.Bednarz@USPTO.GOV>
Cc: Team - Yodeler <yodeler@ipla.com>
Subject: Yodeler: STRIPES ATHLETICS (US) - 24 (Ser 88204581) - Examiner's Request to Add Disclaimer - Response Deadline: March 1, 2019
Hi Dustin,
My name is Ben White, and I am an attorney of record regarding the above referenced trademark application. Thanks for your email below – my client agrees to the disclaimer request below. I hereby authorize you to enter the disclaimer to allow the application to publish.
Should you need any further information, please advise. Otherwise, could you kindly confirm receipt?
Thanks,
Ben White
Senior Associate
650 California Street, 7th Floor, San Francisco, CA 94108
P: (415) 580-6171 ext. 122 | C: (314) 440-3418
This email is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Bednarz, Dustin <Dustin.Bednarz@USPTO.GOV>
Sent: Wednesday, February 27, 2019 10:41 AM
To: Trademarks <trademarks@ipla.com>
Subject: 88204581 - STRIPES ATHLETICS
Attorney Kim:
I am contacting you regarding your client Yodeler, LLC’s application to register the mark 88204581 - STRIPES ATHLETICS with the U.S. Patent and Trademark Office (USPTO). I am the USPTO Trademark Examining Attorney who has been assigned to review your application.
Specifically, I am requesting your authorization to add the following disclaimer statement to the record, as the wording “ATHLETICS” appears to be descriptive/generic in the context of the identified goods:
“No claim is made to the exclusive right to use “ATHLETICS” apart from the mark as shown.”
With your authorization to make these changes, I may proceed with approving this application for publication in the Official Gazette.
Please respond by close of business on Friday, Mar. 1, 2019 if you wish to proceed via Examiner’s Amendment; if you need more time, please let me know and I may issue an Office Action addressing this requirement.
If you have any questions, please feel free to contact me via e-mail or at the phone number below.
Regards,
/Dustin Bednarz/
Trademark Examining Attorney
USPTO Law Office 121
571.270.1151