Notation to File

CVS OPTICAL

CVS Pharmacy, Inc.

TM SN: 88330070 - CVS OPTICAL -- Examiner's Amendment Inquiry Dear Mr. Rhynhart: I have reviewed the above trademark application and the descriptive wording “OPTICAL” must be disclaimed. In addition, the identification of goods and services requires amendment. 1) Disclaimer: The following statement may be adopted: No claim is made to the exclusive right to use “OPTICAL” apart from the mark as shown.

NOTE TO THE FILE

SERIAL NUMBER: 88330070

DATE:    05/15/2019

NAME: skunkleman

NOTE:

Discussed file with
Attorney via:

    X   email

From: Kunkleman, Sarah
Sent: Friday, May 10, 2019 12:30 PM
To: IPLegal@CVSCaremark.com; Erich.Rhynhart@CVSHealth.com
Subject: TM SN: 88330070 - CVS OPTICAL -- Examiner's Amendment Inquiry

Dear Mr. Rhynhart:

I have reviewed the above trademark application and the descriptive wording “OPTICAL” must be disclaimed. In addition, the identification of goods and services requires amendment.

1)      Disclaimer: The following statement may be adopted:

               No claim is made to the exclusive right to use “OPTICAL” apart from the mark as shown.

2)      Identification of Goods and Services: The indefinite wording “including” must be amended to identify the particular goods in Class 009. In addition, the wording “spectacle glasses” and “optical glass” is indefinite and requires amendment. The wording “Retail store and online optical services” in Class 035 is indefinite and requires amendment. The following may be adopted, if accurate:

IC 009: Contact lenses; optical lenses; optical goods, ~~including~~ namely, optical glasses; spectacles; spectacle frames; sunglasses, sports eyewear; spectacle cases; spectacle instruments, ~~including~~ namely, spectacle lenses ~~glasses~~; optical apparatus and instruments, ~~including~~ namely, optical lens sights, optical glass being {specify goods, lenses, optical lens blanks, etc.}; optical correcting lenses; cases for contact lenses

IC 035: Retail optical store and online retail optical store services

IC 044: Optometry services

If you would like to approve an Examiner’s Amendment, please confirm your authorization for the disclaimer and provide the identification workding by noon on Wednesday, May 15. If you do not wish to proceed with an Examiner’s Amendment, please let me know and I will prepare a formal action.

Thank you and please let me know if you have any questions.

Sincerely,

/Sarah E. Kunkleman/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 105

(571) 272-6151

sarah.kunkleman@uspto.gov

Please note that all relevant e-mail communications will be placed in the official application record. 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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