NOTE TO THE FILE
SERIAL NUMBER: 88226893
DATE: 03/06/2019
NAME: mlarkey
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
X Changed TRADEUPS to:X OTHER: Re: US Trademark Application No. 88226893 PURELY KIDS
Dear Michael: We agree to the proposed disclaimer of "Kids". Thank you! Melanie
On Tue, Mar 5, 2019 at 4:05 PM Larkey, Michael <Michael.Larkey@uspto.gov> wrote:
Dear Melanie Bradley, or another appointed attorney,
I am the assigned trademark examining attorney for the above-referenced application. I am writing because I recently reviewed the above-referenced application and there is a minor issue that I believe we can resolve easily by e-mail or phone. Specifically, below is the issue that will need to be resolved before the application may proceed:
1. Disclaimer: The wording “KIDS” describes a characteristic of applicant’s goods. Specifically, “KIDS” are the intended audience of applicant’s “Non-medicated toothpaste, non-medicated mouthwash”. As a result, applicant must provide a disclaimer statement. With applicant’s permission, I will add the following statement to the record:
No claim is made to the exclusive right to use “KIDS” apart from the mark as shown.
Please respond to this email or call me at the number listed below to confirm the potential Examiner’s Amendment for the issue above before 5:00pm EST on Friday, March 8, 2019. I can also issue a Priority Action if your client needs more time to consider the issue. If you are unable to respond, an Office action will issue. Thank you in advance for your assistance in this matter.
Please feel free to email or call with any questions.
Thank you and best regards,
Michael Larkey
Trademark Examining Attorney
U.S. Patent and Trademark Office (USPTO)
Law Office 116
(571) 270-5492
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_____________________________________________________________________________
Melanie Bradley, Esq. | Chief Trademark Counsel and Chief Personal Care & Home Care Marketing Counsel, Global
Colgate-Palmolive Company | 300 Park Ave | New York, NY 10022 USA
Phone: 212-310-2121 | e-mail: melanie_bradley@colpal.com
_________________________________________________________________________
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