NOTE TO THE FILE
SERIAL NUMBER: 88376106
DATE: 06/18/2019
NAME: kray
NOTE:
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 TRADEUPS
From: Andrei Najjar [mailto:andrei@ateliercollective.com]
Sent: Tuesday, June 18, 2019 2:29 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: Re: TM Application for "THE SOCIAL MEDIA EDIT" (serial no. 88376106)
Hi Kimberly,
That sounds great - confirmed.
Thank you!
Andrei
On Tue, Jun 18, 2019 at 10:17 AM Ray, Kimberly <Kimberly.Ray@uspto.gov> wrote:
This email is intended for Andrei Najjar and/or any authorized party
United States Trademark Application Serial No. 88376106 — “THE SOCIAL MEDIA EDIT”
Dear Mr. Najjar,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your above-referenced trademark application, and I wanted to discuss the following requirement with you:
Disclaimer Requirement: The word “SOCIAL MEDIA” should be disclaimed because it appears to be descriptive of your goods and their subject matter. While you will still have exclusive rights to the entire mark and a disclaimer will not change the appearance of your mark, the Office does not allow applicants to claim exclusive rights to terms that others may need to describe their own services. For example, the owner of “Smith Grocery Store” may not claim exclusive rights to “Grocery Store” because other stores need to use that phrase to describe their own store. Please let me know if you agree to the following disclaimer statement being added to the record:
No claim is made to the exclusive right to use “SOCIAL MEDIA” apart from the mark as shown.
If you agree to the amendment, I can make the change for you via an Examiner’s Amendment and the application may proceed toward registration.
Please feel free to call or email me to discuss these issues further. Thank you!
Sincerely,
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Office 6A74
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.