NOTE TO THE FILE
SERIAL NUMBER: 88296380
DATE: 04/24/2019
NAME: jblazich
NOTE:
Searched:
X Google
X Lexis/Nexis
X OneLook
X Wikipedia
X Acronym Finder
Other:Discussed file with
Attorney via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSDear Examining Attorney :
Thank you for your email. We approve of the proposed changes, namely the spelling correction in Class 1 for the word repellent and the 2(f) claim in part for the wording “top notch.”
Please let me know if you need any further information in order to proceed.
Best regards,
Marta
Marta L. Paul | Patent & Trademark Attorney
Salesforce Tower | 111 Monument Circle, Suite 3700 | Indianapolis, IN 46204
Direct: 317.713.4965| Main: 317.634.3456 | Fax: 317.637.7561 | Email: mpaul@uspatent.com
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From:
Sent: Tuesday, April 23, 2019 3:43 PM
To: DocketDept
Subject: 3002-252; QW TOP NOTCH #88296380
This email is intended for Marta Paul and/or any other authorized attorney
United States Trademark Application Serial No. 88296380
Dear Ms. Paul,
I am the assigned trademark examining attorney for the above-referenced application. Your application will be ready to proceed once the identification of goods in Class 1 has been amended to correct a typographical error. In addition, although the wording “TOP NOTCH” would normally need to be disclaimed because it is merely laudatory, you are eligible to enter a Section 2(f)-in-part claim as to this wording based upon your claimed prior registration No. 2223092. The proposed changes are shown in bold font below. Once the following changes have been granted, I will issue an examiner’s amendment and proceed with your application accordingly. Thank you kindly for your time and attention in this matter.
Amended Identification of Goods
Class 1: stain
repellantrepellent for polished concrete floorsClass 2 is acceptable as currently written.
Section 2(f) Claim
The word “TOP NOTCH” in the mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No. 2223092 on the Principal Register for the same mark for sufficiently similar goods and/or services.
Please respond to this email by phone call or email by 4pm on Friday, 26 April 2019 with your response and/or if you have any questions about the application.
Thank you,
Please note that although all relevant e-mail communications will be placed in the official application record, this email communication does not constitute a formal response to an office action. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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