NOTE TO THE FILE
SERIAL NUMBER: 88278986
DATE: 04/09/2019
NAME: jsalcido
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
Changed TRADEUPS to:Dear Mr. Salcido,
Please proceed with the suggested disclaimer.
Very truly yours,
Joe Kuo
From: Salcido, John [mailto:John.Salcido@USPTO.GOV]
Sent: Tuesday, April 09, 2019 5:13 PM
To: Kuo, Joseph M.
Subject: Response Requested: USPTO Trademark Application Serial No. 88278986 - SURE COMFORT
**EXTERNAL EMAIL** - This message originates from outside our Firm. Please consider carefully before responding or clicking links/attachments.
Dear Mr. Kuo,
I am the Trademark Examining Attorney that has been assigned your case at the U.S. Trademark Office.
There is only one issue that we can fix via email or over the phone that is preventing approval of this application for the next step of the registration process. With your OK I can make the changes proposed below and move the application forward.
Disclaimer Required
Applicant must insert a disclaimer of “COMFORT” in the application because the terms merely describes a feature of the goods in Class 021 as it is an advertised feature in the applicant’s specimen. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). The following is the accepted standard format for a disclaimer:
No claim is made to the exclusive right to use “COMFORT” apart from the mark as shown.
TMEP §1213.08(a)(i).
Please respond to this email or call me (you may leave a message of approval) by close of business on 04/12/2019, and I can make the changes to your application for you and then approve the mark for the next step of the registration process. If you do not contact me by then, I will have to issue an Office action requiring these changes.
Best Regards,
John
John Salcido
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 122