NOTE TO THE FILE
Sent to TICRS as Serial Number: 88301593SERIAL NUMBER: 88301801
DATE: 05/01/2019
NAME: sferrell
NOTE:
Discussed file with
Attorney/Applicant via:
X phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment/PA
for: and entered changes in TRADEUPS
From: Kastner, Drew [mailto:dkastner@schnader.com]
Sent: Wednesday, May 01, 2019 10:00 AM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Cc: Bittinger, Kimberly <kbittinger@schnader.com>
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
Yes this is acceptable, thank you.
Best Regards,
Drew
W. Drew Kastner | Partner | Schnader Harrison Segal & Lewis LLP
1600 Market Street – Suite 3600 | Philadelphia, PA | 19103T: 215.751.2122| M: 973.534.7151 | F: 215.751.2205
dkastner@schnader.com www.schnader.com BioAdmitted in PA, NY, NJ and DC
Co-Chair, Intellectual Property Practice Group
From: Ferrell Jr., Steven [mailto:Steven.Ferrell@USPTO.GOV]
Sent: Wednesday, May 01, 2019 9:58 AM
To: Kastner, Drew
Cc: Bittinger, Kimberly
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
{EXTERNAL EMAIL}
Good Morning again,
My apologies, but while preparing these EAs, I realized I omitted the statement regarding the color white for 88301690 CE CLEANEARTH. The description should read:
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in blue and the horizontal bar of the lower case "e" is shown in green. Under the emblem is the words " CLeANeARTH" shown in capitals letters except for the letter "e" in both "CLeAN" and "eARTH" which is shown in lower case. The word "CLeAN" is shown in blue and the word "eARTH" is shown in green. White in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
Please confirm that this description is acceptable. I apologize for omitting this originally. Thanks again!
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
From: Ferrell Jr., Steven
Sent: Wednesday, May 01, 2019 9:50 AM
To: Kastner, Drew <dkastner@schnader.com>
Cc: Bittinger, Kimberly <kbittinger@schnader.com>
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
Good Morning,
Yes, I received your message this morning and was waiting until later this morning to return your call. However, your approved changes below appear acceptable. I will issue the EAs and EA/PAs promptly. Thanks for your help!
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
From: Kastner, Drew [mailto:dkastner@schnader.com]
Sent: Wednesday, May 01, 2019 9:29 AM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Cc: Bittinger, Kimberly <kbittinger@schnader.com>
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
Steven,
I tried to reach you yesterday to discuss a few final revisions. I have tried to capture them in comments below, highlighted in RED.
If acceptable, kindly issue the Examiner’s Amendment and we assume you will issue a priority action so we can send you the 3 amended drawings?
The amended descriptions and the disclaimer were previously agreed to.
Best Regards,
Drew
W. Drew Kastner | Partner | Schnader Harrison Segal & Lewis LLP
1600 Market Street – Suite 3600 | Philadelphia, PA | 19103T: 215.751.2122| M: 973.534.7151 | F: 215.751.2205
dkastner@schnader.com www.schnader.com BioAdmitted in PA, NY, NJ and DC
Co-Chair, Intellectual Property Practice Group
From: Ferrell Jr., Steven [mailto:Steven.Ferrell@USPTO.GOV]
Sent: Tuesday, April 30, 2019 10:17 AM
To: Kastner, Drew
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
{EXTERNAL EMAIL}
Drew,
Thank you for speaking with me a moment ago. See below for the suggested changes we discussed. Please also note that that there still remain the issues of the descriptions of the marks and mark drawing issues, which is discussed below the disclaimer issue in the original email below. Please let me know if you want to discuss further. Thanks!
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
From: Kastner, Drew [mailto:dkastner@schnader.com]
Sent: Tuesday, April 30, 2019 9:35 AM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Cc: Bittinger, Kimberly <kbittinger@schnader.com>
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
Steven,
I have feed back from the client which I would like to share with you – are you free for a call today?
Best Regards,
Drew
W. Drew Kastner | Partner | Schnader Harrison Segal & Lewis LLP
1600 Market Street – Suite 3600 | Philadelphia, PA | 19103T: 215.751.2122| M: 973.534.7151 | F: 215.751.2205
dkastner@schnader.com www.schnader.com BioAdmitted in PA, NY, NJ and DC
Co-Chair, Intellectual Property Practice Group
From: Ferrell Jr., Steven [mailto:Steven.Ferrell@USPTO.GOV]
Sent: Tuesday, April 30, 2019 6:03 AM
To: Trademarks; Kastner, Drew
Subject: RE: USPTO Trademark Applications: Clean Earth, Inc. Applications
{EXTERNAL EMAIL}
Good Morning,
Just a friendly reminder that I need a response to my email below by 2PM EST today. Thanks!
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
From: Ferrell Jr., Steven
Sent: Friday, April 26, 2019 1:53 PM
To: trademarks@schnader.com; dkastner@schnader.com
Subject: USPTO Trademark Applications: Clean Earth, Inc. Applications
Good Afternoon W. Drew Kastner,
I am reviewing the following applications for your above referenced client:
88301593 CE CLEANEARTH RECYCLING & DISPOSAL SOLUTIONS
88301632 CE
88301690 CE CLEANEARTH
88301801 CE
88342039 CE CLEANEARTH
88342053 CE CLEANEARTH RECYCLING & DISPOSAL SOLUTIONS
In review of these applications there are a few issues that can be corrected without the need for lengthy office actions.
First, for each application, we require an amended identification of the services for the reasons specified in the chart below:
Applicant's Class & ID
Reason for Amendment
Suggested Class & ID
INTERNATIONAL CLASS 35
Resale of refurbished electronics
Indefinite because selling and sales are not service under the US Trademark Act or the Nice Agreement since the primary beneficiary of selling or sales is the seller. Language describing services acceptable in the retail chain (e.g., retail stores, distributorships, online retail stores) should be used instead of selling or sales.
Reseller services, namely, distributorship services in the field of refurbished electronics
INTERNATIONAL CLASS 39
Packaging, collection, disposal, and transportation of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water;
The wording “disposal . . . of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water” is overly broad and may include services in multiple international classes. For instance, this includes cleaning services in International Class 37, removal or transport services in International Class 39, or destruction of garbage in International Class 40. Applicant must further specify the nature of the services and classify them accordingly.
Packaging, collection, and transportation of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water; disposal in the nature of removal of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water and transporting that material to another location for further use;
INTERNATIONAL CLASS 40
Stationary and mobile management, processing, storage, treatment and disposal of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and the treatment, recycling and beneficial use of wastes, contaminated soil, and dredged material;
The wording “stationary and mobile management . . . of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste” is overly broad and may include services in multiple international classes. For instance, this includes waste cleaning services in International Class 37, waste removal or transport services in International Class 39, and destruction of garbage in International Class 40. Applicant must further specify the nature of the services and classify them accordingly.
The wording “storage . . . of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste” is misclassified. Storage of waste is classified in International Class 39.
The wording “disposal of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste” is overly broad and may include services in multiple international classes. For instance, this includes cleaning services in International Class 37, removal or transport services in International Class 39, or destruction of garbage in International Class 40. Applicant must further specify the nature of the services and classify them accordingly.
The wording “beneficial use of wastes, contaminated soil, and dredged material” is indefinite and does not appear to be a service as defined by the Trademark Act. Applicant must either further specify this activity as a proper service or remove this language from the identification of services.
International Class 39: storage of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste;
International Class 40: Stationary and mobile management of waste in the nature of destruction, processing, and treatment of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and the treatment and recycling of wastes, contaminated soil, and dredged material for beneficial use by others;
Treatment by bulking, chemical fixation, blending of liquids, sludges and solids, stabilization of heavy metal liquids, solidification, naturalization of acids and alkaline, waste to energy processing;
Indefinite because applicant must further specify the nature of the services.
Waste treatment by bulking, chemical fixation, blending of liquids, sludges and solids, stabilization of heavy metal liquids, solidification, naturalization of acids and alkaline, waste to energy processing;
mercury thermal retort, Recycling, processing, treatment and disposal of liquids, solids, sludges, electronics, aerosol cans, solvents, asbestos, off-specification materials, waste water, liquid industrial waste water, and universal waste;
The wording “disposal of liquids, solids, sludges, electronics, aerosol cans, solvents, asbestos, off-specification materials, waste water, liquid industrial waste water, and universal waste” is overly broad and may include services in multiple international classes. For instance, this includes cleaning services in International Class 37, removal or transport services in International Class 39, or destruction of garbage in International Class 40. Applicant must further specify the nature of the services and classify them accordingly.
mercury thermal retort, recycling, processing, treatment, and destruction of liquids, solids, sludges, electronics, aerosol cans, solvents, asbestos, off-specification materials, waste water, liquid industrial waste water, and universal waste;
Soil treatment to include treatment, disposal, recycling and reuse of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media;
Indefinite because applicant must further specify the nature of the services as “environmental remediation.”
Additionally, the wording “disposal . . . of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media” s overly broad and may include services in multiple international classes. For instance, this includes cleaning services in International Class 37, removal or transport services in International Class 39, or destruction of garbage in International Class 40. Applicant must further specify the nature of the services and classify them accordingly.
Finally, the wording “reuse of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media” is indefinite and does not appear to be a service as defined by the Trademark Act. Applicant must either further specify this activity as a proper service or remove this language from the identification of services.
Environmental remediation services, namely, soil treatment to include treatment, destruction, and recycling of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media;
Treatment to include bioremediation treatment, thermal desorption treatment, chemical fixation treatment and physical treatment;
The wording “to include” is indefinite and does not properly limit the identification to only those services listed thereafter. Applicant must use definite language such as “namely” or “in the nature of.” Additionally, applicant must further specify that these services are the “treatment of materials.” Finally, the wording “physical treatment” does not sufficiently describe the means of treatment. Many treatments, if not all, are “physical” in nature. Applicant must further specify the type of treatment or remove this language from the identification of services.
Treatment of materials, namely, bioremediation treatment, thermal desorption treatment, chemical fixation treatment, and physical treatment in the nature of sorting waste and recyclable material;
Recycling, including a mail back recycling program, and testing of electronics;
The wording “testing of electronics” is both indefinite and misclassified. Testing the functionality of electronics is classified in International Class 42.
International Class 40: Recycling, including a mail back recycling program and recycling of materials to produce soil sent to a landfill for use as daily cover
International Class 42: Testing the functionality of electronics
destruction, reclamation, recycling, shredding and repacking of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions
The wording “repacking of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions” is misclassifying. Packing, including repacking, of goods is classified in International Class 39.
International Class 39: Repacking of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions
International Class 40: destruction, reclamation, recycling, and shredding of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions
INTERNATIONAL CLASS 42
Aggregate production, mining of clay, stone, and other mineral rights and the operation of mining facilities, fill operations, soil and debris landfills, remediation sites and other construction activity;
The wording “aggregate production” is indefinite and overly broad and may include services in multiple international classes. For instance, this includes extraction of aggregate materials in the nature of mining extraction in International Class 37 and manufacturing services for others in the field of aggregate materials in International Class 40. Applicant must further specify the nature of its services and classify them accordingly.
Additionally, the wording “mining of clay, stone, and other mineral rights” is overly broad and may include services in multiple international classes. For instance, this includes mining extraction in International Class 37 and mining exploration services in International Class 42. Applicant must further specify the nature of its services and classify them accordingly.
Finally, the wording “operation of mining facilities, fill operations, soil and debris landfills, remediation sites and other construction activity�� is overly broad and may include services in multiple international classes. For instance, this includes operation of a business for others, namely, mining facilities, fill operations, soil and debris landfills, remediation sites and construction operations in International Class 35, mining extraction services, solid waste landfill services, soil and solid debris landfill services, and construction of property in International Class 37, environmental remediation services, namely, treatment of solid, waste, and water in International Class 40, and mining exploration services in International Class 42. Applicant must further specify the nature of its services and classify them accordingly.
International Class 35: operation of a business for others, namely, mining facilities, fill operations, soil and debris landfills, remediation sites, and construction operations
International Class 37: aggregate production, namely, extraction of aggregate materials in the nature of mining extraction of clay, stone, and other minerals; mining extraction of clay, stone, and other minerals; mining extraction services; solid waste landfill services, soil and solid debris landfill services, and construction of property
International Class 40: manufacturing services for others in the field of aggregate materials, namely, clay, stone, and other minerals; environmental remediation services, namely, treatment of solid waste and water
International Class 42: mining exploration services of clay, stone, and other mineral rights; mining exploration services;
resell, secure data destruction of electronics, on-site deinstallation and data destruction services, high security data destruction services, degaussing
The wording “resell . . . of electronics” is indefinite and misclassified. Selling and sales are not service under the US Trademark Act or the Nice Agreement since the primary beneficiary of selling or sales is the seller. Language describing services acceptable in the retail chain (e.g., retail stores, distributorships, online retail stores) should be used instead of selling or sales. Furthermore, these services are classified in International Class 35.
Additionally, the wording “secure data destruction of electronics,” “data destruction services,” and “high security data destruction services” is overly broad any may include services in multiple international classes. For instance, this includes the physical destruction of data storage devices in International Class 40 and erasure of data storage devices in International Class 42. Applicant must further specify the nature of the services and classify them accordingly.
Next, the wording “on-site deinstallation” is overly broad and may include services in multiple international classes. For instance, this includes deinstallation of computer hardware in International Class 37 and deinstallation of computer software in International Class 42. Applicant must further specify the nature of the services and classify them accordingly.
Finally, the wording “degaussing” is misclassified. Degaussing services are classified in International Class 40.
International Class 35: Reseller services, namely, distributorship services in the field of electronics
International Class 37: on-site deinstallation services, namely, deinstallation of computer hardware
International Class 40: secure data destruction of electronics; on-site data destruction services and high security data destruction services, namely, destruction of data storage devices; degaussing
International Class 42: secure data destruction of electronics, namely, erasure of data storage devices; on-site data destruction services and high security data destruction services, namely, erasure of data storage devices; on-site deinstallation services, namely, deinstallation of computer software
Specifically, the suggested identification would read, with suggested changes underlined:
International Class 35: Reseller services, namely, distributorship services in the field of refurbished electronics; operation of a business for others, namely, mining facilities, fill operations, soil and debris landfills, remediation sites, and construction operations; Reseller services, namely, distributorship services in the field of electronics
International Class 37: Refurbishing of electronics; aggregate production, namely, extraction of aggregate materials in the nature of mining extraction of clay, stone, and other minerals; mining extraction of clay, stone, and other minerals; mining extraction services; solid waste landfill services, soil and solid debris landfill services, and construction of property; on-site deinstallation services, namely, deinstallation of computer hardware
International Class 39: Packaging, collection, and transportation of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water; disposal in the nature of removal of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water and transporting that material to another location for treatment and recycling; transportation of soil and dredged material; storage of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste; Repacking of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions
International Class 40: Stationary and mobile management of waste in the nature of destruction, processing, and treatment of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and the treatment and recycling of wastes, contaminated soil, and dredged material for beneficial use by others; Waste treatment by bulking, chemical fixation, blending of liquids, sludges and solids, stabilization of heavy metal liquids, solidification, naturalization of acids and alkaline, waste to energy processing; mercury thermal retort, recycling, processing, treatment, and destruction of liquids, solids, sludges, electronics, aerosol cans, solvents, asbestos, off-specification materials, waste water, liquid industrial waste water, and universal waste; Environmental remediation services, namely, soil treatment to include treatment
destruction,and recycling of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media; Treatment of materials, namely, bioremediation treatment, thermal desorption treatment, chemical fixation treatment, and physical treatment in the nature of sorting and mixing waste and recyclable material; Recycling, including a mail back recycling programand recycling of materials to produce soil sent to a landfill for use as daily cover; destruction, reclamation, recycling, and shredding of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions; manufacturing services for others in the field of aggregate materials, namely, clay, stone, and other minerals; environmental remediation services, namely, treatment of solid waste and water; secure data destruction of electronics; on-site data destruction services and high security data destruction services, namely, destruction of data storage devices; degaussing
International Class 42: mining exploration services of clay, stone, and other mineral rights; mining exploration services; secure data destruction of electronics, namely, erasure of data storage devices; on-site data destruction services and high security data destruction services, namely, erasure of data storage devices; on-site deinstallation services, namely, deinstallation of computer software; Testing the functionality of electronics
Please let me know if you would approve of my amending the identification as described for each application.
Additionally, for 88301593 and 88342053, we require a disclaimer of the wording “RECYCLING & DISPOSAL SOLUTIONS” in the marks because it is descriptive of applicant’s recycling and disposal services and services related thereto. The suggested disclaimer would read:
“No claim is made to the exclusive right to use “RECYCLING & DISPOSAL SOLUTIONS” apart from the mark as shown.”
Please let me know if you would approve of my adding the disclaimer as described for 88301593 and 88342053.
Further, for 88301801, 88342039, and 88342053, we require clarification regarding the drawing and color claim and/or an amended drawing. Applicant indicates that blue in each mark is not claimed as a feature of the mark. However, the only colors that can be shown in a mark and not claimed are black, white, and gray. As such, if blue indicates background, shading, outlining, and/or transparent areas, applicant must submit a new drawing for each mark showing either black outlining around the white wording or a black background with a statement that black in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark at the end of the description of the mark.
As such, please confirm that blue is not claimed as a feature of the mark—if this is correct, I will make all approved changes and send a Priority Action requiring amended drawings for 88301801, 88342039, and 88342053.
Finally, for each application, we require an amended description of the mark for completion and clarity—specifically, to clarify that either white or black is not claimed as a feature of the marks. The suggested descriptions of the marks would read, with suggested changes underlined:
88301593 CE CLEANEARTH RECYCLING & DISPOSAL SOLUTIONS
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in blue and the horizontal bar of the lower case "e" is shown in green. Under the emblem are the words "CLeANeARTH" shown in capitals letters except for the letter "e" in both "CLeAN" and "eARTH" which is shown in lower case. The word "CLeAN" is shown in blue and the word "eARTH" is shown in green. Under the words " CLeANeARTH" is a horizontal line shown in blue. Under the horizontal line are the words "RECYCLING & DISPOSAL SOLUTIONS" shown in capital letters in blue. White in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
88301632 CE
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in blue and the horizontal bar of the lower case "e" is shown in green. White in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
88301690 CE CLEANEARTH
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in blue and the horizontal bar of the lower case "e" is shown in green. Under the emblem is the words " CLeANeARTH" shown in capitals letters except for the letter "e" in both "CLeAN" and "eARTH" which is shown in lower case. The word "CLeAN" is shown in blue and the word "eARTH" is shown in green.
88301801 CE (assuming amended drawing)
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in white and the horizontal bar of the lower case "e" is shown in green. Black in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
88342039 CE CLEANEARTH (assuming amended drawing)
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in white and the horizontal bar of the lower case "e" is shown in green. Under the emblem is the words " CLeANeARTH" shown in capitals letters except for the letter "e" in both "CLeAN" and "eARTH" which is shown in lower case. The word "CLeAN" is shown in white and the word "eARTH" is shown in green. Black in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
88342053 CE CLEANEARTH RECYCLING & DISPOSAL SOLUTIONS (assuming amended drawing)
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in white and the horizontal bar of the lower case "e" is shown in green. Under the emblem is the words "CLeANeARTH" shown in capitals letters except for the letter "e" in both "CLeAN" and "eARTH" which is shown in lower case. The word "CLeAN" is shown in white and the word "eARTH" is shown in green. Under the words " CLeANeARTH" is a horizontal line shown in white. Under the horizontal line are the words "RECYCLING & DISPOSAL SOLUTIONS" shown in capital letters in white. Black in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
Please let me know if you would approve of my amending the mark description as described for each mark.
In summary, we require the following from you:
1) Approval of Amended Identification of Services as described above for each application.
2) Approval of Disclaimer as described above for 88301593 and 88342053.
3) Clarification of Drawing as described above for 88301801, 88342039, and 88342053.
4) Approval of Amended Description of the Mark as described above for each application.
Please respond no later than 2 PM EST on Tuesday, April 30, 2019.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
NOTICE: The information contained in this communication may constitute a confidential or attorney-client privileged communication. If you have received this communication in error, do not read it. It is not intended for transmission to, or receipt by, any unauthorized persons. Please delete it from your system without copying it, and notify the sender by reply email or by calling (215) 751-2000, so that our address record can be corrected. Thank you.
NOTICE: The information contained in this communication may constitute a confidential or attorney-client privileged communication. If you have received this communication in error, do not read it. It is not intended for transmission to, or receipt by, any unauthorized persons. Please delete it from your system without copying it, and notify the sender by reply email or by calling (215) 751-2000, so that our address record can be corrected. Thank you.
NOTICE: The information contained in this communication may constitute a confidential or attorney-client privileged communication. If you have received this communication in error, do not read it. It is not intended for transmission to, or receipt by, any unauthorized persons. Please delete it from your system without copying it, and notify the sender by reply email or by calling (215) 751-2000, so that our address record can be corrected. Thank you.