NOTE TO THE FILE
SERIAL NUMBER: 88415012
DATE: 07/22/2019
NAME: mhartnett1
NOTE:
Searched:
X Google
Lexis/Nexis
X 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: Monica Layfield [mailto:mlayfield@rrsfirm.com]
Sent: Monday, July 22, 2019 4:49 PM
To: Hartnett, Megan K. <Megan.Hartnett@USPTO.GOV>
Subject: RE: Trademark App. Issues - APRICOT (SN. 88415012) and APRICOT 360 (SN. 88415063)
Hi Megan,
Thank you for your email. Please see my responses below in red to each issue raised in your email regarding the above referenced applications. Thank you again for contacting me directly. Please let me know if I can do anything else to help move these applications forward.
Kind regards,
Monica
Monica Layfield, Partner
Richards Rodriguez & Skeith LLP
816 Congress Ave, Ste 1200 | Austin, TX 78701
Office: (512) 476-0005 | Direct: (512) 391-8247
From: Hartnett, Megan K. <Megan.Hartnett@USPTO.GOV>
Sent: Friday, July 19, 2019 4:06 PM
To: Monica Layfield <mlayfield@rrsfirm.com>
Subject: Trademark App. Issues - APRICOT (SN. 88415012) and APRICOT 360 (SN. 88415063)
Dear Ms. Layfield,
This is in regard to two co-pending trademark applications for APRICOT (SN. 88415012) and APRICOT 360 (SN. 88415063). I would like to discuss a few issues with you, some of which can be fixed by amendment on my end.
APRICOT 360 (SN. 88415063)
Drawing
The drawing doesn’t match the specimen as there is material around the drawing that seems to be extraneous. If you want to keep this in you will need to submit a new specimen that matches. Alternative I can try cropping the drawing on my end and if the quality meets our requirements just amend the drawing by examiner’s amendment.
Yes, please proceed as you have outlined and crop the drawing to exclude the extraneous material.
Mark Description
Amend the mark description to read: The mark consists of the stylized word "APRICOT" in gray letters. The number "360" appears in orange to the right of this word, with the design of an apricot in orange with lighter orange highlighting directly below two green leaves with a lighter green vein forming the number "0".
I have no objection to the amended mark description above; Please proceed with the amended description.
APRICOT (SN. 88415012)
Mark Description
Amend the mark description to read: The mark consists of the stylized word "APRICOT" in gray letters with the design of an apricot in orange with lighter orange highlighting directly below two green leaves with a lighter green vein in lieu of the letter "O".
I have no objection to the amended mark description above; Please proceed with the amended description.
Drawing and Specimen do not match
It appears the drawing and specimen do not match. The design of the apricots are different, particularly the leave. You can submit a new drawing that matches or submit a new specimen that matches. Either way you will need to submit this through our system once I send an Office action.
Understood. Thank you for notifying me about this issue. I will submit a substitute specimen as soon as I receive your office action requiring the same.
Please let me know how you would like to proceed by this coming Tuesday by noon eastern time.
Thank you,
Megan M. Hartnett
Examining Attorney
U.S. Patent and Trademark Office
Trademark Law Office 123
(571) 270-1977
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.