NOTE TO THE FILE
SERIAL NUMBER: 88226584
DATE: 03/12/2019
NAME: aportaro
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
X 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:From: Lisa Greenwald-Swire [mailto:Greenwald-Swire@fr.com]
Sent: Tuesday, March 12, 2019 3:59 PM
To: Portaro, Alexandra <Alexandra.Portaro@USPTO.GOV>; tmdoctc <TMDocTC@fr.com>
Cc: Christine Chin <cchin@fr.com>; Margaret Trevino <trevino@fr.com>; APS Incoming <APSI@fr.com>
Subject: 38767.0186002 and 38767.0186003 re IMPOSSIBLE CHEESESTEAK applications Trademark Applications (Serial Nos. 88226584 and 88226582)
Dear Ms. Portaro,
Thank you very much for reaching out. We accept the disclaimer request, and approve of the language noted. Will you kindly issue an Examiner’s Amendment in this regard?
Truly,
Lisa
Lisa Greenwald-Swire :: Principal :: Fish & Richardson P.C.
500 Arguello Street Suite 500, Redwood City, CA 94063
650 839 5198 direct :: lgs@fr.com
fr.com :: www.FishTMCopyrightBlog.com
From: Portaro, Alexandra <Alexandra.Portaro@USPTO.GOV>
Sent: Tuesday, March 12, 2019 11:54 AM
To: Lisa Greenwald-Swire <Greenwald-Swire@fr.com>; tmdoctc <TMDocTC@fr.com>
Cc: Trademark Group - SV <TrademarkGroup-SV@fr.com>
Subject: Trademark Applications (Serial Nos. 88226584 and 88226582)
Good afternoon Ms. Greenwald-Swire,
I am the trademark examining attorney reviewing the above referenced applications for your client, Impossible Foods, Inc. In review of this application, there is one issue with both applications that can be corrected without the need for an office action.
A disclaimer of the word “CHEESESTEAK” in the mark is required because it is descriptive of a feature or characteristic of applicant’s food substitute goods and restaurant services. The suggested disclaimer would read:
“No claim is made to the exclusive right to use “CHEESESTEAK” apart from the mark as shown.”
Please let me know if you would approve of my adding the disclaimer as described.
Please respond no later than 2 PM EST on Thursday, March 14, 2019.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.
Respectfully,
/Alexandra Portaro/
Trademark Examining Attorney
Law Office 126
United States Patent & Trademark Office
571-270-3924