Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88212808

DATE:                                08/22/2019

NAME:                               jsolite

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search           Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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:

     OTHER:

Thank you! Confirmed. 

Sent from my phone - please excuse brevity and typos. 

 

On Aug 20, 2019, at 6:54 AM, Solite, Joshua <Joshua.Solite@uspto.gov> wrote:

 Good Morning Mr. Castor:

 

I am an attorney with the United States Patent and Trademark Office, and I have been assigned to review your trademark applications (referenced above). I have reviewed your latest response to Office Action, dated 7/18/19, and determined that there is still a pending issue in each application. I gave you a call this morning and sent a voicemail, but I am sending this email as a follow up. I thought we might resolve this via email rather than a formal office action. Pending issues shown below.

 

1.     Serial No. 88212794 – SWITCH&DATA

 

OWNERSHIP CLAIM – In our office action, dated 3-7-19, we issued a 2(d) refusal for likelihood of confusion with U.S. Registration Nos. 5567930, 5567927, 5583157, and 3229168, and a potentially conflicting prior pending application for serial number 87337359. In your response to Office Action, dated 7/18/19, you claimed ownership over all of the marks except 3229168, which appears may also be owned by the applicant.

 

Please confirm whether the applicant claims ownership of active prior U.S. Registration Number 3229168.

 

1.     Serial No. 88212808 – SWITCH&DATA

 

OWNERSHIP CLAIM – In our office action, dated 3-6-19, we issued a 2(d) refusal for likelihood of confusion with U.S. Registration Nos. 5459898, 5358341, 5567928, 5583157, and 3229168, and potentially conflicting prior pending applications for serial numbers 87624989, 87 612609, and 87337378. In your response to Office Action, dated 7/18/19, you claimed ownership over all of the marks except 3229168 and 5583157, which appears may also be owned by the applicant.

 

Please confirm whether the applicant claims ownership of active prior U.S. Registration Numbers 3229168 and 5583157.

 

 

Thanks in advance for your prompt response.

 

Joshua

 

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.