NOTE TO THE FILE
SERIAL NUMBER: 88204732
DATE: 02/27/2019
NAME: jburke3
NOTE:
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for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
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about misclassified definite ID
Changed TRADEUPS to:Hi Michael,
Thanks for getting back to me so quickly. I will issue EAs in the applications nos. 88204694, 88204728, 88204732, and 88204743, and issue the combined EA/PA in app. No. 88204715, which requires a response to resubmit a new drawing deleting the registration symbol.
Please let me know if you have any questions or comments.
Thanks,
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631
From: Michael Neustel [mailto:michael@neustel.com]
Sent: Wednesday, February 27, 2019 3:07 PM
To: Burke, Justine <Justine.Burke@USPTO.GOV>
Subject: RE: EARTHKIND, LLC marks in Apps. Ser. Nos. 88204694, 88204728, 88204732, 88204743, and 88204715
Hi Justine,
I appreciate the communication below. Please enter your proposed amendments via Examiner’s Amendment and contact me with any questions.
Thanks,
Michael Neustel
U.S. Patent Attorney
Neustel Law Offices, LTD | 2534 South University Drive, Suite 4 | Fargo, North Dakota 58103
Telephone: 701-281-8822 | Fax: 701-237-0544 | Website: www.neustel.com | Email: michael@neustel.com
From: Burke, Justine [mailto:Justine.Burke@USPTO.GOV]
Sent: Wednesday, February 27, 2019 1:37 PM
To: Michael Neustel
Subject: RE: EARTHKIND, LLC marks in Apps. Ser. Nos. 88204694, 88204728, 88204732, 88204743, and 88204715
Good afternoon,
My name is Justine Burke and I am the examining attorney assigned to the following applications:
· 88204694 24/7 PROTECTION and design
· 88204728 FAST-ACTING STAY AWAY SPIDERS PLANT-BASED and design
· 88204732 FAST-ACTING STAY AWAY MOTHS PLANT-BASED and design
· 88204743 FAST-ACTING STAY AWAY ANTS PLANT-BASED and design
· 88204715 FAST-ACTING STAY AWAY MICE PLANT-BASED and design*
Per the message I left with your assistant, new mark drawings, disclaimer statements, and/or color claims and mark description amendments are required.
If accepted, the following will be added to the record:
88204694 “24/7 PROTECTION” and design
DISCLAIMER STATEMENT
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “24/7 PROTECTION” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
88204728 “FAST-ACTING STAY AWAY SPIDERS PLANT-BASED” and design
DISCLAIMER STATEMENT
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “FAST-ACTING”, “SPIDERS”, 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 purple, white and brown are claimed as a feature of the mark.
The mark consists of an inner solid purple circle with the words “FAST-ACTING STAY AWAY SPIDERS PLANT-BASED” with “STAY AWAY SPIDERS” in white text with purple drop-shadowing, and “FAST-ACTING” and “PLANT-BASED” in brown text, with four concentric outer purple circles surrounding the inner solid purple circle, and a brown spider 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).
88204732 “FAST-ACTING STAY AWAY MOTHS PLANT-BASED” and design
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 following statements describing color in the mark replace the current description of color in the mark of record:
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).
88204743 “FAST-ACTING STAY AWAY ANTS PLANT-BASED” and design
DISCLAIMER STATEMENT
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “FAST-ACTING”, “ANTS”, 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 following statements describing color in the mark replace the current description of color in the mark of record:
The colors orange, white and brown are claimed as a feature of the mark.
The mark consists of an inner solid orange circle with the words “FAST-ACTING STAY AWAY ANTS PLANT-BASED” with “STAY AWAY ANTS” in white text with orange drop-shadowing, and “FAST-ACTING” and “PLANT-BASED” in brown text, with four concentric outer orange circles surrounding the inner solid orange circle, and a brown ant 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).
88204715 “FAST-ACTING STAY AWAY MICE PLANT-BASED” and design*
*Indicates that combined Priority Action/Examiner’s Amendment is required; additional action required from applicant.
NEW MARK DRAWING REQUIRED
In response to the combined PA/EA that will issue upon speaking with applicant, applicant must submit a new drawing with the ® symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
COLOR CLAIM AND MARK DESCRIPTION AMENDMENT
The following statements describing color in the mark replace the current description of color in the mark of record:
The colors green, white and brown are claimed as a feature of the mark.
The mark consists of an inner solid green circle with the words “FAST-ACTING STAY AWAY MICE PLANT-BASED” with “STAY AWAY MICE” in white text with green drop-shadowing, and “FAST-ACTING” and “PLANT-BASED” in brown text, with four concentric outer green circles surrounding the inner solid green circle, and a brown mouse 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).
Kindly advise whether this/these requirement(s) is/are agreeable to you. Please do not hesitate to contact me should you have any further questions. Please get back to me by Monday, March 4, 2019 at 12:00 PM EST if possible because I’ll have to get an office action out on this matter by that time. If you hear back from your client after an Office action issues, though, you can of course still contact me for an Examiner’s Amendment, and we take care of this over the phone or via email.
Best,
Justine N. Burke
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631