NOTE TO THE FILE
SERIAL NUMBER: 88305371
DATE: 03/21/2019
NAME: aclark2
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:From: Misty Young [mailto:Misty_Young@Mohawkind.com]
Sent: Thursday, March 21, 2019 9:19 AM
To: Clark, Andrew <Andrew.Clark@USPTO.GOV>
Subject: RE: TRADEMARK APPLICATION - SN 88305371 P.S.- PERSONAL STUDIO - RESPONSE REQUIRED BY TUESDAY, 3/26/2019
No claim is made to the exclusive right to use “STUDIO” apart from the mark as shown.
Thanks,
Joe Foye
Mohawk Industries, Inc.
706-422-2043
706-422-2049 fax
From: Clark, Andrew [mailto:Andrew.Clark@USPTO.GOV]
Sent: Wednesday, March 20, 2019 5:45 PM
To: Misty Young <Misty_Young@Mohawkind.com>
Subject: TRADEMARK APPLICATION - SN 88305371 P.S.- PERSONAL STUDIO - RESPONSE REQUIRED BY TUESDAY, 3/26/2019
Dear Mr. Foye:
I hope this email finds you well. I am the examining attorney assigned to the above-referenced application and have a disclaimer issue we may be able to resolve via Examiner’s Amendment before moving the application forward.
DISCLAIMER
The wording “STUDIO” must be disclaimed, as this is descriptive of the custom design function of the software. The following disclaimer statement is suggested:
No claim is made to the exclusive right to use “STUDIO” apart from the mark as shown.
With your authorization to do so, I can add the disclaimer via Examiner’s Amendment. Please let me know by TUESDAY, MARCH 26 if you have any questions, and if the above option is acceptable. If I have not heard from you by then, I will move forward with an Office Action formalizing the above issue.
Best,
Andrew
__________________________________
Andrew T. Clark
Examining Attorney, Law Office 107
United States Patent and Trademark Office
(571)270-7304