NOTE TO THE FILE
SERIAL NUMBER: 88356907
DATE: 06/26/2019
NAME: cyi1
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 Lucas Mikeska, Esq. 6.26.19 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: Lucas Mikeska [mailto:lmikeska@nolteip.com]
Sent: Wednesday, June 26, 2019 9:19 AM
To: Yi, Crystal <Crystal.Yi@USPTO.GOV>
Subject: RE: U.S. Trademark Application Serial No. 88356907 (HIPPIE FERTILIZING)
Hello Crystal,
I have been in touch with my client and can authorize the amendment to the description of the mark and disclaimer of the word “fertilizer”, as indicated below.
If you need anything further, feel free to call me at the number in my signature block.
Thanks for reaching out on this one.
Best,
Lucas
Lucas T. Mikeska
24610 Kingsland Blvd.
Katy, Texas 77494
T: 1-866-201-2030 ext. 116
F: 832-201-8247
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From: Yi, Crystal
Sent: Thursday, June 06, 2019 10:51 AM
To: lucas@angeloip.com
Subject: U.S. Trademark Application Serial No. 88356907 (HIPPIE FERTILIZING)
Importance: High
Good morning Lucas:
I am the examining attorney reviewing U.S. Patent and Trademark Office Application Serial No. 88356907 (HIPPIE FERTILIZING). I have identified the following minor issues that I believe can be resolved via email:
- Mark description: The mark description needs to be amended to accurately describe the mark. Applicant may adopt the following, if accurate:
The mark consists of a yellow happy face design outlined in black and filled in yellow, with white and black eyes and yellow eyelids, a black smirking smile, and showing a hand filled in yellow and outlined in black shaped in a peace sign on the left side of the happy face. On the forehead of happy face is a bandanna outlined in black and filled in purple, and containing a partial peace symbol outlined in black and filled in orange, and two partial flowers outlined in black and filled in blue and orange, with one flower on each side of the peace sign. On top of the happy face and above the bandana is light green hair reminiscent of grass. To the right of the happy face design is the stylized wording "HIPPIE", which is above the stylized wording “FERTILIZING”, both in light green.
- Disclaimer of “FERTILIZING”: The wording “FERTILIZING” must be disclaimed in registering your mark as it is descriptive of the services the applicant offers.
In disclaiming the wording “FERTILIZING”, the disclaimer would simply state that “No claim is made to the exclusive right to use “FERTILIZING” apart from the mark as shown.” This will allow others to use the word in describing their services in the marketplace in the future. Importantly, a disclaimer does not affect the physical appearance of the mark, and does not have to be physically removed from the mark.
These changes can be made on my end through an Examiner’s Amendment once you confirm agreement with the above changes.
Please respond to this email by 12 p.m. EST on Friday, June 7.
Sincerely,
Crystal H. Yi
Trademark Examining Attorney
Law Office 123
U.S. Patent & Trademark Office
571.270.0763