NOTE TO THE FILE
SERIAL NUMBER: 88339757
DATE: 04/09/2019
NAME: awebster
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 X 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:
From: Gigger, Joshua [mailto:josh.gigger@stoel.com]
Sent: Monday, April 08, 2019 3:00 PM
To: Webster, Alexis <Alexis.Webster@USPTO.GOV>
Cc: Rhone, Trisha A. <trisha.rhone@stoel.com>; Johnson, Nancy J. <nancy.johnson@stoel.com>
Subject: RE: 88339757 D42 Trademark Application
Dear Alexis,
Thank you for your email. D42 does not have any significance in the field of mining/blasting or as applied to applicant’s services, nor is it a term of art in applicant’s industry. Please go ahead and enter an examiner’s amendment confirming the same. Thank you.
Regards,
Josh
Joshua G. Gigger, Partner
STOEL RIVES LLP | 201 S. Main St., Suite 1100 | Salt Lake City, UT 84111-4904
Direct: (801) 428-6311 |Main: (801) 328-3131 Fax: (801) 578-6999
jgigger@stoel.com | www.stoel.com
This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender at (801-328-3131), or by reply e-mail, and destroy all copies of the original message.
From: Webster, Alexis [mailto:Alexis.Webster@USPTO.GOV]
Sent: Monday, April 08, 2019 12:41 PM
To: Trademark, Salt Lake City
Subject: 88339757 D42 Trademark Application
Good Afternoon Mr. Gigger,
I am reviewing the above-referenced application for 88339757 D42. In review of this application there is one issue that can be corrected without the necessity of an Office action.
Please respond as soon as is convenient, but no later than 5 PM EST on WEDNESDAY 10 APRIL 2019.
Significance of Wording
Can you please explain whether the wording in the mark “D42” has any significance in the consulting field for mining and blasting, or as applied to applicant’s services, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814.
Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707. All relevant e-mail communications will be placed in the official application record.
If you have any questions, please do not hesitate to contact me using the information provided in my signature block below. Thank you.
V/r,
Alexis
Alexis Webster
Trademark Examining Attorney
USPTO | Law Office 112
600 Dulany Street, Alexandria, VA 22314
571-272-5463