To: | FOOD SERVICES OF AMERICA, INC. (SAINTLAW@AOL.COM) |
Subject: | U.S. Trademark Application Serial No. 88389008 - FLYING FLAG FISHHOUSE ORIGINAL - FForigCOLOR |
Sent: | July 02, 2019 03:06:18 PM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88389008
Mark: FLYING FLAG FISHHOUSE ORIGINAL
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Correspondence Address: |
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Applicant: FOOD SERVICES OF AMERICA, INC.
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Reference/Docket No. FForigCOLOR
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: July 02, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Rebecca Nittle on July 1, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Disclaimer
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “FISHHOUSE” and “ORIGINAL” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
Description of the Mark
The following description of the mark replaces the current description of record:
The mark consists of the blue stylized wording “FLYING FLAG” arched over the design of a life preserver and ship mast with rigging and a flag over the mast. The top half of the life preserver is white outlined in blue, the left and right sides have green rectangles with blue outlines and three blue lines extending inward from the outer edge, and the bottom half of the life preserver is blue with a white dot in the center and white half-circle following the outer edge. The mast pole and rigging are blue, and the mast top and flag are white outlined in blue. A green banner having a blue outline and white back and containing the blue stylized wording “FISHHOUSE” is overlaid on the life preserver and ship design. A green banner having a blue outline and white back and containing the blue stylized wording “ORIGINAL” appears under the life preserver and ship design.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
/Andrea B. Cornwell/
Examining Attorney
Law Office 115
(571) 272-4608
andrea.cornwell@uspto.gov