NOTE TO THE FILE
SERIAL NUMBER: 88212884
DATE: 04/23/2019
NAME: jschlegelmilch
NOTE:
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: Susan Pitchford [mailto:sdp@chernofflaw.com]
Sent: Tuesday, April 23, 2019 2:29 PM
To: Schlegelmilch, Jonathon <Jonathon.Schlegelmilch@USPTO.GOV>
Cc: SDP Docketing <SDP.Docket@CVMS.hostpilot.com>
Subject: RE: U.S. TRADEMARK APPLICATION NO. 88212884 - CORVUS ENERGY - Atty Dock. No. 9925.0002
Dear Mr. Schlegelmilch,
Thank you for your message. Our client confirms that it wishes to maintain the section 44(d) priority claim for class 42 and does NOT wish to rely on section 44(e) as a basis for registration. Please proceed accordingly and advise if you have any questions or concerns.
Kind regards,
Susan
Susan D. Pitchford
Tel: 503-227-5631 Fax: 503-228-4373
111 SW Columbia Street, Ste. 725, Portland, OR 97201 USA
Email: sdp@chernofflaw.com
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From: Schlegelmilch, Jonathon <Jonathon.Schlegelmilch@USPTO.GOV>
Sent: Monday, April 22, 2019 5:02 AM
To: Susan Pitchford <sdp@chernofflaw.com>; SDP Docketing <SDP.Docket@CVMS.hostpilot.com>
Subject: U.S. TRADEMARK APPLICATION NO. 88212884 - CORVUS ENERGY - Atty Dock. No. 9925.0002
Dear Ms. Pitchford,
I received applicant’s response for “CORVUS ENERGY” dated April 19, 2019, and the application now appears to be mostly in order. However, before I can approve the mark for publication, the there is still a remaining issue that must be resolved. Upon applicant’s direction and consent, I can handle this on my end via Examiner’s Amendment to expedite the process.
Previously, in the preliminary amendment, applicant indicated that it does not intend to rely on 44(e) as a basis for registration (relying on 44(d) as a claim of priority for Class 42, and 1(b) for all five classes, but not 44(e) for any Class). In applicant’s comments in the April 19 response, applicant expresses the understanding that the application is now in position for publication. However, also in the April 19 response, applicant notes that applicant would now like to rely on Section 44(e) for Class 42. If it is true that applicant would now like to rely on Section 44(e) for Class 42, I will send out another Office action addressing it (suspension will be required until applicant provides a copy of the foreign registration). However, if this was a clerical error and applicant intends to rely on 44(d), but not 44(e), I will make the necessary notes on the file and approve the application for publication.
Please advise, and let me know if you have any questions.
Respectfully,
/Jonathon A. Schlegelmilch/
Trademark Examining Attorney
Law Office 108
Phone: (571) 272-7758
jonathon.schlegelmilch@uspto.gov