NOTE TO THE FILE
SERIAL NUMBER: 88304064
DATE: 05/15/2019
NAME: kowczarski
NOTE:
Searched:
X Google
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 X 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:X OTHER: see email
From: Doug Griess [mailto:DG@hackstafflaw.com]
Sent: Wednesday, May 15, 2019 12:44 PM
To: Owczarski, Karen <Karen.Owczarski@USPTO.GOV>; dgriess@hackstafflaw.com
Cc: E. Krystle Steinhoff <es@hackstafflaw.com>
Subject: RE: U.S. TRADEMARK APPLICATION FOR MARK LUMINATE and Design - Serial No. 88304064
Karen:
Thank you for the call and email. I am happy to authorize you to make the proposed amendment to the description.
Thank you,
Douglas R. Griess, Esq.
Hackstaff & Snow, LLC
1601 Blake Street, Suite 310
Denver, CO 80202
Tel: (303) 534-4317
Fax: (303) 534-4309
From: Owczarski, Karen <Karen.Owczarski@USPTO.GOV>
Sent: Wednesday, May 15, 2019 8:44 AM
To: dgriess@hackstafflaw.com
Cc: es@hackstafflaw.com
Subject: U.S. TRADEMARK APPLICATION FOR MARK LUMINATE and Design - Serial No. 88304064
This email is intended for Douglas Griess or any authorized party.
I am the attorney from the United States Patent and Trademark Office assigned to examine the above-referenced U.S. Trademark Application. I left you a voice mail this morning and wanted to follow up with an email for your convenience.
I have searched the Office’s database of registered and pending marks and have found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, the following issue(s) must be addressed before the mark can be approved for publication:
Suggested Change to Description of the Mark:
The description of the mark needs to be changed slightly and to clarify that the word mark LUMINATE follows the Starburst design. The following suggested description is provided for your review and approval (see suggested changes in bold):
The mark consists of a starburst design with
the primary colorsred, yellow, green and blue rays having black circular tips pointing in the cardinal directions of North, East, South and West, respectively,withand shorter grayoffshootsrays having black circular tips between the cardinal directions; the starburst design is followed by the black stylized wording "LUMINATE" with an inverted V representing the letter A.
With your authorization, I can enter the amendment by Examiner's Amendment and approve the mark for publication immediately. Entering the required amendments in this manner would eliminate the need for issuance of a formal Office Action and for filing of a formal Response to Office Action.
You can authorize the proposed Examiner's Amendment by return email or by calling me at the number below. If I do not hear from you, I will issue an Office Action requiring the amendment.
Please do not hesitate to contact me either by email or phone call at the number below if you have any questions or comments. I look forward to hearing from you.
Sincerely-
Karen
/Karen Estilo Owczarski/
Trademark Examining Attorney
Law Office 105
571-272-3758