NOTE TO THE FILE
SERIAL NUMBER: 88414065
DATE: 07/18/2019
NAME: jgagliardi
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 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: Info [mailto:info@thelawfirm.cc]
Sent: Thursday, July 18, 2019 10:39 AM
To: Gagliardi, Jeanine <Jeanine.Gagliardi@USPTO.GOV>
Subject: Your docket no. MAME190407 - U.S. Trademark Application Serial No. 88414069 (BK RACING): proposed amended mark description & disclaimer
Examiner Gagliardi:
Agree to amended mark description and disclaimer by examiner’s amendment.
Please contact me if you have questions or if I can be of further assistance.
I look forward to hearing from you.
From: Gagliardi, Jeanine [mailto:Jeanine.Gagliardi@USPTO.GOV]
Sent: Thursday, July 18, 2019 9:25 AM
To: Info <info@thelawfirm.cc>; docket@mwpatentlaw.com
Subject: Your docket no. MAME190407 - U.S. Trademark Application Serial No. 88414069 (BK RACING): proposed amended mark description & disclaimer
Dear Counsel,
I am examining the above-referenced trademark application. There are a couple of issues, and I am writing to see if we can resolve them by agreement.
(1) Mark Description: The description of the mark must be amended to delete text that interprets mark elements. I would suggest the following amended mark description, if accurate:
The mark consists of the words "BK" and "RACING" in stylized, uppercase, italicized font, shown in two lines flushed to the
left, with a solid triangular arrow indicator placed after the letter "G", with a graphic design of a partial speedometer,
slanted to the right, growing out of the letter "K" and ending on top of the letter "G", with a graphic design of exhaust
flames shooting from the left of the letters "B" and "R", and with three horizontal lines, of different lengths and starting at
different points, underlining the word "RACING".
(2) Disclaimer required: The wording “RACING” must be disclaimed because it is descriptive of the goods identified in the application. The standardized format for this disclaimer is the addition of the following statement to the record:
No claim is made to the exclusive right to use the wording “RACING” apart from the mark as shown.
Would you let me know whether the applicant would agree to the amended mark description and disclaimer? If we are able to agree on these issues by the end of the day on Tuesday, July 23, I can make the changes on my end so the application can proceed.
I look forward to hearing from you.
Very truly yours,
Jeanine