NOTE TO THE FILE
Sent to TICRS as Serial Number: 88404637SERIAL NUMBER: 88414341
DATE: 07/11/2019
NAME: cdombrow
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/Applicant
Dear Colleen,
Thank you for your email of July 9, 2019.
With respect to Application Serial No. 88404637 for LK Packaging you may enter the disclaimer statement.
As for the description of goods your proposed amendment is acceptable.
With respect to Application Serial No. 88414341 you proposed amendment to the description of goods is acceptable.
Please give me a call if there is anything else we need to resolve.
Sincerely,
Gary
Gary M. Anderson
Partner
Fulwider Patton LLP
Howard Hughes Center
6100 Center Drive, Suite 1200
Los Angeles, CA 90045-1587
T: 310-824-5555
F: 310-824-9696
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From: Dombrow, Colleen [mailto:Colleen.Dombrow@USPTO.GOV]
Sent: Tuesday, July 09, 2019 3:29 PM
To: DocketLA
Subject: US Trademark Application Serial Number 88404637 - LK PACKAGING, and 88414341 - LK plus design, your docket numbers ELKAY-98604 and ELKAY-98686 - Official Correspondence from the USPTO
Mr. Anderson:
I am the Examining Attorney from the U.S. Patent and Trademark Office that has been assigned to review the applications you filed for trademark protection, Application Serial Nos. 88404637 - LK PACKAGING, and 88414341 - LK plus design, your docket numbers ELKAY-98604 and ELKAY-98686.
I have completed my review of the applications and have determined the following requirements must be addressed before the applications can be moved forward. These requirements are straight forward and can be corrected here at the Office using an Examiner's Amendment.
Requirements:
a) LK PACKAGING (Serial Number 88404637, your docket number ELKAY-98604):
1. Disclaimer:
I must require a disclaimer of the term PACKAGING as the applicant's goods are packaging materials. A disclaimer does not change the appearance of the mark in any way. It is simply a statement that is made of record to acknowledge that the applicant does not own the term PACKAGING by itself and that others offering packaging materials may use this term to describe their goods. The disclaimer statement would appear as follows:
No claim is made to the exclusive right to use "PACKAGING" apart from the mark as shown.
May I enter the disclaimer statement?
2. Identification of Goods:
* The wording "Unprinted/printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing" requires clarification. Specifically, the wording "unprinted/printed" is unclear. Applicant may state, "unprinted and printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing" in Class 016, if accurate.
* The wording "compostable coated paper bags and pouches" requires clarification. Specifically, applicant must clarify the use of the pouches. For example, "compostable coated paper mail pouches", "compostable coated paper pouches for packaging" and "compostable coated paper pouches sold empty for holding condiments" are all properly classified in International Class 016. May I amend the Class 016 goods as follows?
International Class 016:
Unprinted and printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing; compostable coated paper bags; compostable coated paper pouches for packaging.
b) LK plus design (Serial Number 88414341, your docket number ELKAY-98686):
1. Identification of Goods:
* The wording "Unprinted/printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing" requires clarification. Specifically, the wording "unprinted/printed" is unclear. Applicant may state, "unprinted and printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing" in Class 016, if accurate.
* The wording "compostable coated paper bags and pouches" requires clarification. Specifically, applicant must clarify the use of the pouches. For example, "compostable coated paper mail pouches", "compostable coated paper pouches for packaging" and "compostable coated paper pouches sold empty for holding condiments" are all properly classified in International Class 016. May I amend the Class 016 goods as follows?
International Class 016:
Unprinted and printed plastic merchandise packaging materials, namely, bags, pouches, sheets and tubing; compostable coated paper bags; compostable coated paper pouches for packaging.
Please let me know if these amendments are acceptable. If so I will issue an Examiner's Amendment, make the changes to the applications and move the applications forward. If the amendments are not acceptable or if you have further questions, please feel free to email me at the below email address, or call me at the phone number below.
I must take action on your application by 5pm EST on Thursday, July 11. If I do not hear from you regarding the above mentioned requirements by that time, I will issue Office Actions with the information contained therein and you will have six (6) months to respond to the Office Action.
Sincerely,
Colleen
/Colleen Dombrow/
Trademark Attorney
US Patent and Trademark Office
Law Office 101
571-272-8262