NOTE TO THE FILE
SERIAL NUMBER: 88261947
DATE: 04/03/2019
NAME: ckluwe
NOTE:
Searched:
X GoogleChecked:
X Geographic significanceDiscussed 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 TRADEUPS
From: Smouse, Charles [mailto:Charles.Smouse@uhsinc.com]
Sent: Wednesday, April 03, 2019 3:40 PM
To: Kluwe, Cheryl <Cheryl.Kluwe@USPTO.GOV>
Cc: Esch, Carolyn <Carolyn.Esch@uhsinc.com>
Subject: RE: TM App. No. 88261947 - NORTHWEST EMERGENCY ON GEORGIA A SERVICE OF NORTHWEST TEXAS HEALTHCARE SYSTEM - disclaimer & 2(f)
Cheryl,
“ON GEORGIA” does refer to a geographic location (it’s the street name), so we do claim acquired distinctiveness for “NORTHWEST TEXAS”. We also will make the other disclaimers noted below.
Thank you.
Charles Smouse | Associate General Counsel | charles.smouse@uhsinc.com | Office (610) 382-3385
Universal Health Services, Inc. | UHS of Delaware, Inc. | 367 South Gulph Road, King of Prussia, PA 19406 | www.uhsinc.com
From: Kluwe, Cheryl <Cheryl.Kluwe@USPTO.GOV>
Sent: Tuesday, April 02, 2019 9:52 AM
To: Smouse, Charles <Charles.Smouse@uhsinc.com>
Subject: [External] TM App. No. 88261947 - NORTHWEST EMERGENCY ON GEORGIA A SERVICE OF NORTHWEST TEXAS HEALTHCARE SYSTEM - disclaimer & 2(f)
WARNING: This email is from an external source.
DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
REPORT suspicious emails to ReportSpam@uhsinc.com ASAP.Good morning, Mr. Smouse:
This is the last of the co-pending applications I’m reviewing for UHS of Delaware. The amendments outlined below can be made via Examiner’s Amendment, if you’d like.
For this one, I’ll need to know whether “ON GEORGIA” refers to a geographic location, e.g., “on Georgia Avenue.” If it does, a 2(f) claim of acquired distinctiveness can be made for “NORTHWEST TEXAS” based on prior registrations, and the wording “EMERGENCY ON GEORGIA” and “HEALTHCARE SYSTEM” will need to be disclaimed. The wording “EMERGENCY ON GEORGIA” needs to be disclaimed because it is descriptive both as to the services and as to location, and “HEALTHCARE SYSTEM” because it is generic in the context of the services.
O
Please let me know if you have any questions. I look forward to hearing from you.
Regards,
Cheryl
/Cheryl Kluwe/
Trademark Examining Attorney
Law Office 126
United States Patent and Trademark Office
(571) 270-3839
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