To: | EarthKind, LLC (michael@neustel.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88204732 - FAST-ACTING STAY AWAY MOTHS - EART-047 |
Sent: | 2/27/2019 4:08:45 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88204732
MARK: FAST-ACTING STAY AWAY MOTHS
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: EarthKind, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 2/27/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Michael Neustel on February 27, 2019, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
DISCLAIMER STATEMENT
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “FAST-ACTING”, “MOTHS”, and “PLANT-BASED” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
COLOR CLAIM AND MARK DESCRIPTION AMENDMENT
The colors blue, white and brown are claimed as a feature of the mark.
The mark consists of an inner solid blue circle with the words “FAST-ACTING STAY AWAY MOTHS PLANT-BASED” with “STAY AWAY MOTHS” in white text with blue drop-shadowing, and “FAST-ACTING” and “PLANT-BASED” in brown text, with four concentric outer blue circles surrounding the inner solid blue circle, and a brown moth in the lower right portion of the concentric circles. The white background is not claimed and is presented to show positioning of the mark only.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).
/Justine N. Burke/
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631
Justine.Burke@uspto.gov
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.