NOTE TO THE FILE
SERIAL NUMBER: 88214841
DATE: 03/11/2019
NAME: gulrich
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:
Yes please. Glenn Bacal
From: Ulrich, Gretchen <gretchen.ulrich@USPTO.GOV>
Sent: Wednesday, March 6, 2019 12:52 PM
To: Glenn Bacal <Glenn.Bacal@bacalgroup.com>
Cc: Jamie Tuccio <Jamie.Tuccio@bacalgroup.com>
Subject: RE: Trademark Application "RACKSPACE SO YOU CAN BE GREAT" Serial No. 88214453/Docket No. 60293-1069 - Examiner’s Amendment Request
Hi Glenn,
Thank you for your quick response. I will issue the EA shortly and then approve the application for publication. Would you also like for me to issue the Examiner’s Amendment for "RACKSPACE R" Serial No. 88214841/Docket No. 60293-1073, that has an identical identification?
Kind Regards,
N. Gretchen Ulrich
Trademark Examining Attorney, Law Office 113
U.S. Patent and Trademark Office
T: 571.272.1951 | gretchen.ulrich@uspto.gov
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From: Glenn Bacal [mailto:Glenn.Bacal@bacalgroup.com]
Sent: Wednesday, March 06, 2019 12:16 PM
To: Ulrich, Gretchen <gretchen.ulrich@USPTO.GOV>
Cc: Jamie Tuccio <Jamie.Tuccio@bacalgroup.com>
Subject: Re: Trademark Application "RACKSPACE SO YOU CAN BE GREAT" Serial No. 88214453/Docket No. 60293-1069 - Examiner’s Amendment Request
Hi Gretchen, yes the substitute wording is fine and is agreed to. Glenn
Glenn Spencer Bacal
Bacal & Garrison Law Group
6991 East Camelback Suite D-102
Scottsdale AZ 85251
Email: glenn.bacal@bacalgroup.com
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Bacal & Garrison Law Group is listed in the top tier (Tier 1) in Trademark Law, Copyright Law and Litigation-Intellectual Property in Best Law Firms in America 2019
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From: Ulrich, Gretchen <gretchen.ulrich@USPTO.GOV>
Sent: Wednesday, March 6, 2019 8:39 AM
To: Glenn Bacal
Cc: Jamie Tuccio
Subject: Trademark Application "RACKSPACE SO YOU CAN BE GREAT" Serial No. 88214453/Docket No. 60293-1069 - Examiner’s Amendment Request
Dear Mr. Bacal:
My name is Gretchen Ulrich. I am the trademark examining attorney assigned to the above-captioned new application. I can immediately approve it for publication if you authorize me to enter an Examiner’s Amendment regarding the following issue(s):
Amendment to the Identification of Services
The wording “Telecommunications, namely, providing e-mail services” is indefinite and must be clarified. Per Term ID 038-187, “providing email services,” in the Identification Manual, “On 01-01-2016, this 07-20-2004 entry was deleted in compliance with the Nice Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice 10-2016 ‘electronic mail services,’ ‘electronic mail’ or the like is indefinite and overly broad because the activity provided in connection with electronic mail is unclear.” Therefore, applicant must clarify the specific nature of the email services that applicant provides. Applicant may adopt the following substitute wording, if accurate: “Telecommunications, namely, providing electronic transmission of secure e-mail.”
Please contact meno later than 12 pm EST Monday, March 11, 2019, if you wish for me to execute the Examiner’s Amendment. You are welcome to respond to this email. If you are unable to authorize an amendment by this time, I would be happy to issue a Priority Action in lieu of an Examiner’s Amendment, wherein applicant will still receive the full six month response period. Please let me know how you would like for me to proceed.
Kind Regards,
N. Gretchen Ulrich
Trademark Examining Attorney, Law Office 113
U.S. Patent and Trademark Office
T: 571.272.1951 |gretchen.ulrich@uspto.gov
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