Notation to File

VALUE & VARIETY EXPECT MORE

Kunal Patel

Notation to File

NOTE TO THE FILE


SERIAL NUMBER:            88385402

DATE:                                06/30/2019

NAME:                               kmoninghoff

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search           Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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.

 


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