NOTE TO THE FILE
SERIAL NUMBER: 88231869
DATE: 03/15/2019
NAME: exu
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 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:Dear Examiner Xu:
Thank you very much for the communication.
Please be advised that we can stipulate to the proposed amendments and the Disclaimer.
Thank you very much for your assistance in this matter.
Respectfully submitted.
/Frank Martinez/
Attorney of Record Attorney-in-Fact
THE MARTINEZ GROUP PLLC
Frank J. Martinez - JD MBA
Sent via Mobile
On Mar 14, 2019 6:31 PM, "Xu, Elaine" <Elaine.Xu@USPTO.GOV> wrote:
This email is intended for Frank J. Martinez, Esq. and any authorized party
United States Trademark Application Serial No. 88231869
Dear Mr. Martinez,
I am the assigned trademark examining attorney for the above-referenced application. As of now, there are two outstanding issues with the application:
1) The mark description needs to be updated for accuracy and to meet USPTO requirements.
2) The identification of goods needs to be modified for improved clarity and definiteness and in order to meet USPTO requirements.
3) The application needs to disclaim wording in the mark. For clarification about what a “disclaimer” means: This wording is descriptive of the applied-for goods or services in your application. An applicant may not claim exclusive rights to terms or designs that others may need to use to describe or show their goods or services in the marketplace. A disclaimer does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. For additional information, please see http://www.gov.uspto.report/trademark/laws-regulations/how-satisfy-disclaimer-requirement.
If the changes below are acceptable, I will issue an examiner's amendment and move the application towards publication accordingly:
1) Mark Description: “The mark consists of the term "SMRTLITE" in stylized letters over the term "BY DSI LIGHTING" in stylized letters.”
2) Class 11: “Decorative lighting in the nature of electrically-illuminated residential designer pendant lighting fixtures, ceiling lights, table lamps, desk lamps and electric sconces.”
3) Disclaimer: “No claim is made to the exclusive right to use “SMART LIGHT” and “LIGHTING” apart from the mark as shown.”
Please let me know by phone or email if you agree to allow me to correct the above by an examiner’s amendment or if you have any questions about the application.
Kind regards,
Elaine Xu
Trademark Examining Attorney
Law Office 128
(571) 270-5297