Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 3/12/2019

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Melissa M. Hunt, Esq. on March 11, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707. 

 

Section 2(f) Claim Withdrawn

 

The Section 2(f) claim is unnecessary and has been withdrawn.

 

TMEP §1212.04(e); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(1).

 

Assistance

 

If applicant has questions regarding this examiner’s amendment, please telephone or e-mail the assigned trademark examining attorney.

 

/Daniel Stringer/

Trademark Examining Attorney

Law Office 103

571.272.8975

daniel.stringer@uspto.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

Correspondence

 

Sent: Mon 3/11/2019 2:34 PM

 

Daniel,

 

Thank you for bringing this to my attention. Please withdraw the Section 2(f) claim from each of the referenced applications.

 

Kind regards,

_______________________________
Melissa M. Hunt

Vice President & General Counsel
Berthold Types Limited
Email ip@bertholdtypes.com

http://www.bertholdtypes.com

http://www.bertholdwebfonts.com

**CONFIDENTIAL NOTICE**
The information is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.

 

 

 

On Mon, Mar 11, 2019 at 1:58 PM Stringer, Daniel <Daniel.Stringer@uspto.gov> wrote:

Ms. Hunt,

 

My name is Daniel Stringer and I am the trademark examining attorney assigned to review the following trademark applications:

 

·         “BQ” SN – 88224320

 

·         “POPPL-PONTIFEX” – 88227787

 

·         “JERSEY” – 88227824

 

·         “AVANTIS” – 88240276

 

·         “AGORA” – 88240282

 

·         “ARBITER” – 88240283

 

·         “CHRISTIANA” – 88240671

 

·         “CORNET” – 88240677

 

·         “EPIKUR” – 88240682

 

·         “POPPL-RESIDENZ” – 88241996

 

Each of these applications contains a Section 2(f) claim alleging that the mark has become distinctive through substantially exclusive use for at least five years. A claim of acquired distinctiveness may be construed as a concession by applicant that the entire applied-for mark is not inherently distinctive.

 

However, a 2(f) claim is unnecessary for these marks because they are inherently distinctive.

 

I am contacting you to see if you would like me to withdraw the Section 2(f) claim.  

 

If you would like me to withdraw the Section 2(f) claim for these applications, please respond to this email authorizing the withdrawal of the Section 2(f) claim by Wednesday, March 13, 2019 and I will memorialize the modification in an examiner’s amendment for each application.  Upon receipt of your approval, no further action on your part will be required. 

 

If I do not hear from you by March 18, 2019, I will simply approve the applications for publication as there are no other issues.

 

Should you have any questions regarding the application, please feel free to email or call at the phone number listed below.

Best regards,

 

 

-------------------------------------

Daniel Stringer

Trademark Examining Attorney

United States Patent and Trademark Office

Law Office 103

571.272.8975

daniel.stringer@uspto.gov

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/12/2019 FOR U.S. APPLICATION SERIAL NO.88240276

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.