NOTE TO THE FILE
SERIAL NUMBER: 88428316
DATE: 07/31/2019
NAME: bsarpu
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 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: Dane Jones <jones@braunhagey.com>
Sent: Wednesday, July 31, 2019 2:55 PM
To: McCarthy, Bridget <Bridget.McCarthy@USPTO.GOV>; tmadmin <tmadmin@braunhagey.com>
Cc: Shawn Shadow <shadow@braunhagey.com>; Allison Hagey <allison@braunhagey.com>
Subject: RE: USPTO Correspondence Ser. Nos. 88428318, 88428308, 88428311: NEW WAVE; Ser. Nos. 88428304, 88428307: NEW WAVE FOODS; etc.
Hi Bridget –
I am reaching out on behalf of my colleague, Allison, who is out of office this week and next. We are fine with the amendments listed below. Please move forward with adding the Examiner’s Amendments to the record. Let us know if you need anything else on our end.
Best,
Dane
Dane D. Jones
B R A U N H A G E Y & B O R D E N L L PDirect: (415) 231-6217
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From: McCarthy, Bridget <Bridget.McCarthy@USPTO.GOV>
Sent: Wednesday, July 31, 2019 9:00 AM
To: tmadmin <tmadmin@braunhagey.com>
Cc: Shawn Shadow <shadow@braunhagey.com>; Allison Hagey <allison@braunhagey.com>
Subject: USPTO Correspondence Ser. Nos. 88428318, 88428308, 88428311: NEW WAVE; Ser. Nos. 88428304, 88428307: NEW WAVE FOODS; etc.
Good morning Allison,
I am the trademark examining attorney assigned to the below-referenced cases. I have completed my initial examination and I am hoping we can resolve some issues via Examiner’s Amendments to move these application onto publication. They are pretty simple edits that need to be done on the identification of goods.
For the following applications, we need to amend the identification slightly to identify that the sustainable seafood is not live. I know the applicant received a previous registration that allowed them this wording, but this wording is actually unacceptable because it is too broad and could identify live sustainable seafood in Class 031. Thus, we need to add the language that the seafood is not live.
Ser. Nos. 88428318, 88428308, 88428311, 88428304, 88428307, 88428312, 88428315, 88428316
We need to amend the IDs entry of “sustainable seafood” to “sustainable seafood, not live”. The ID would remain unchanged after this entry.
For Ser. Nos. 88428304, 88428307: NEW WAVE FOODS
Here, along with the ID amendment, we need to add a disclaimer statement for the wording “FOODS” because it is generic of applicant’s goods.
For Ser. No. 88428312, NEW WAVE SHRIMP,
Along with the above, ID amendment, we need to add a disclaimer statement for the wording “SHRIMP” because it is generic of applicant’s goods.
For Ser. No. 88428315, NEW WAVE LOBSTER
Along, with the above, ID amendment, we need to add a disclaimer statement for the wording “LOBSTER” because it is generic of applicant’s goods.
For Ser. No. 88428316, NEW WAVE CRAB
Along, with the above, ID amendment, we need to add a disclaimer statement for the wording “CRAB” because it is generic of applicant’s goods.
If these amendments are acceptable, please let me know and I can move forth with Examiner’s Amendments adding them to the record. Because of Office deadlines, I do need to hear back from you by August 5, otherwise, I will issue Office Actions, requiring the above.
If you have any questions, please let me know.
Best,
Bridget
__________________________________
Bridget A. McCarthy, Esq.
Examining Attorney, Law Office 125
United States Patent and Trademark Office
(571)272-3223
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