NOTE TO THE FILE
SERIAL NUMBER: 88385402
DATE: 06/30/2019
NAME: kmoninghoff
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 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:X OTHER:
From: axjohnson@lzlegalservices.com [mailto:axjohnson@lzlegalservices.com] On Behalf Of LegalZoom Legal Services Ltd. Trademark Attorneys
Sent: Tuesday, June 25, 2019 1:21 PM
To: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Subject: Re: Trademark Application #88385402 VALUE & VARIETY EXPECT MORE (Docket #L530906320)
Kim,
Thank you for the email. I am confirming with my client and will be in touch once I hear back.
Best
Alexander JSW Johnson
On Tue, Jun 25, 2019 at 7:16 AM Moninghoff, Kim <Kim.Moninghoff@uspto.gov> wrote:
Mr. Johnson,
I’ve been assigned to review this trademark application. Before I can approve the mark for publication, there is one issue that must be addressed. Specifically, I need your consent to enter the following disclaimer of descriptive wording:
No claim is made to the exclusive right to use “VALUE & VARIETY” apart from the mark as shown.
You can provide your consent to the disclaimer by reply email or phone. I will then enter it by Examiner’s Amendment and approve the mark for publication.
I noticed in the attached article about the applicant’s business that the VALUE & VARIETY part of the mark has been in use for more than 5 years. Therefore, in the alternative to the above disclaimer, I would accept a Section 2(f) claim in part as to this wording. Because a Section 2(f) claim based on 5 years’ use must be supported by a signed declaration, I cannot enter the claim by Examiner’s Amendment. You would need to submit it in a voluntary amendment. The form for that is available here: http://teas.gov.uspto.report/office/pra. If you file this amendment, please let me know because there can be a delay of 24-48 hours before it is visible in our system.
If you have any questions, please let me know.
If I don’t hear back from you by the end of the week (6/28), I will send you a formal Office action with the above disclaimer requirement. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.