NOTE TO THE FILE
SERIAL NUMBER: 88264173
DATE: 03/28/2019
NAME: ssettles
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:
From: Lewis, Shaila E.
Sent: Thursday, March 28, 2019 6:43 PM
To: 'prodp@ix.netcom.com' <prodp@ix.netcom.com>
Subject: U.S. PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING U.S. APPLICATION NO. 88264173 (ADA WEBGUARD)
Dear Mr. Ross,
I am the examining attorney assigned to review the above-referenced trademark application on behalf of the U.S. Patent and Trademark Office. I have reviewed the application and determined that a disclaimer of “ADA” is required because the services involve ADA certification compliance.
“A disclaimer is a statement that the applicant or registrant does not claim the exclusive right to use a specified element or elements of the mark in a trademark application or registration.” TMEP §1213. The disclaimer does not physically remove the wording from the mark, but it would add the following statement to your registration: No claim is made to the exclusive right to use “ADA” apart from the mark as shown.
For more information about disclaimers, click here: http://tmep.gov.uspto.report/RDMS/TMEP/current#/current/TMEP-1200d1e11717.html
If you would like to have the changes entered by examiner's amendment, please let me know on or before (tomorrow) Friday, March 29, 2019 at 3:00pm. If you have any questions, feel free to call or email.
Kind regards,
Shaila E. Lewis
Trademark Examining Attorney
Law Office 114
571-270-1527 (tel.)
571-270-2527 (fax)