NOTE TO THE FILE
SERIAL NUMBER: 88430360
DATE: 07/25/2019
NAME: ggurok
NOTE:
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 TRADEUPS
From: Mitchell, Melinda M. [mailto:MMMitche@scj.com]
Sent: Wednesday, July 24, 2019 8:28 AM
To: .GR US Raci PTO-Trademarks <B050994@scj.com>; Gurok, Galina <Galina.Gurok@USPTO.GOV>
Subject: RE: DAZZLING RED HONEYSUCKLE NECTAR Trademark - Examiner's Amendment Suggested - Serial No. 88430360
Thank you Carol and Galina. I approve of the disclaimer.
Thanks,
Melinda
Melinda Mitchell
Corporate Counsel, Trademarks & Anti-Counterfeiting
S. C. Johnson & Son, Inc.
1525 Howe Street, M.S. 077
Racine, WI 53403-2236
Phone: (262) 260-1946
Fax: (262) 260-4253
Email: mmmitche@scj.com
I am currently working a reduced schedule and I am available on the following days: Monday, Tuesday, Wednesday & Friday. If you have an urgent matter or need to reach me at home when I telecommute on Tuesdays, please contact my assistant, Teresa Dillard, at 262.260.4676.
This message and its attachments are intended only for the use of the recipient(s) named above and may contain information that is confidential and protected by legal privilege. If you are not the intended recipient of this communication, you are prohibited from reading, printing, copying, forwarding, or saving it. Please delete the message and attachments and notify the sender by e-mail immediately.
From: Pansch, Carol A. <CAPansch@SCJ.COM> On Behalf Of .GR US Raci PTO-Trademarks
Sent: Monday, July 22, 2019 7:51 AM
To: Gurok, Galina <Galina.Gurok@USPTO.GOV>; .GR US Raci PTO-Trademarks <B050994@scj.com>
Cc: Mitchell, Melinda M. <MMMitche@scj.com>
Subject: RE: DAZZLING RED HONEYSUCKLE NECTAR Trademark - Examiner's Amendment Suggested - Serial No. 88430360
Thank you. Melinda Mitchell is copied on the email. She is out of the office until the week of July 29 and will not be able to respond prior to your deadline.
Regards,
Carol Pansch
Senior Trademark Paralegal
Global Trademarks – Air Care & Home Storage
S. C. Johnson & Son, Inc.
Direct Dial: 262/260-2208
Fax: 262/260-4253
This message and its attachments are intended only for the use of the recipient(s) named above and may contain information that is confidential and protected by legal privilege. If you are not the intended recipient of this communication, you are prohibited from reading, printing, copying, forwarding, or saving it. Please delete the message and attachments and notify the sender by e-mail immediately.
From: Gurok, Galina <Galina.Gurok@USPTO.GOV>
Sent: Monday, July 22, 2019 7:30 AM
To: .GR US Raci PTO-Trademarks <B050994@scj.com>
Cc: Mitchell, Melinda M. <MMMitche@scj.com>
Subject: RE: DAZZLING RED HONEYSUCKLE NECTAR Trademark - Examiner's Amendment Suggested - Serial No. 88430360
PLEASE NOTE: This email has been sent by an individual outside of the organization. Before replying, ensure you are not sending any confidential information.
Hi Ms. Pansch,
Thank you for your e-mail. However, an examiner’s amendment may only be authorized by the attorney of record or a corporate officer with legal authority to bind the company, and a paralegal is generally not authorized to sign on behalf of a corporation. See TMEP 707.01, 611.04, 611.06(d).
Please forward this to the attorney of record Ms. Mitchell for response.
Thank you,
Galina
From: Pansch, Carol A. [mailto:CAPansch@SCJ.COM] On Behalf Of .GR US Raci PTO-Trademarks
Sent: Monday, July 22, 2019 8:06 AM
To: Gurok, Galina <Galina.Gurok@USPTO.GOV>; .GR US Raci PTO-Trademarks <B050994@scj.com>
Cc: Mitchell, Melinda M. <MMMitche@scj.com>
Subject: RE: DAZZLING RED HONEYSUCKLE NECTAR Trademark - Examiner's Amendment Suggested - Serial No. 88430360
We agree to the disclaimer of the words RED HONEYSUCKLE.
Thank you.
Carol Pansch
Senior Trademark Paralegal
Global Trademarks – Air Care & Home Storage
S. C. Johnson & Son, Inc.
Direct Dial: 262/260-2208
Fax: 262/260-4253
This message and its attachments are intended only for the use of the recipient(s) named above and may contain information that is confidential and protected by legal privilege. If you are not the intended recipient of this communication, you are prohibited from reading, printing, copying, forwarding, or saving it. Please delete the message and attachments and notify the sender by e-mail immediately.
From: Gurok, Galina <Galina.Gurok@USPTO.GOV>
Sent: Thursday, July 18, 2019 1:05 PM
To: .GR US Raci PTO-Trademarks <B050994@scj.com>
Subject: DAZZLING RED HONEYSUCKLE NECTAR Trademark - Examiner's Amendment Suggested - Serial No. 88430360
PLEASE NOTE: This email has been sent by an individual outside of the organization. Before replying, ensure you are not sending any confidential information.
Hi Ms. Mitchell,
I am the examining attorney assigned to the above-referenced application. I reviewed the application and there is just one minor issue which we can resolve informally with an examiner’s amendment based on your reply to this e-mail or a phone call.
A disclaimer of the wording “RED HONEYSUCKLE” is required because it is merely descriptive of a feature of the goods, specifically, the fragrance of candles and wax melts. A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark. A disclaimer does not physically remove the disclaimed matter from the mark or otherwise affect the appearance of the mark. For more information on disclaimers, please see our website at http://www.gov.uspto.report/trademark/laws-regulations/how-satisfy-disclaimer-requirement
A disclaimer statement must be entered in the following format:
No claim is made to the exclusive right to use “RED HONEYSUCKLE” apart from the mark as shown.
If you agree to the proposed disclaimer, I will enter it into the record for you with an examiner’s amendment. This should resolve all issues in these application and allow it to move forward.
Please let me know how you’d like to proceed by next Thursday, July 25, 2019. I encourage you to call me if you have any questions or concerns.
Best,
Galina Gurok
Examining Attorney
Law Office 126
(571) 270-3589
Notice to trademark applicants and attorneys: All relevant e-mail communications will be added to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.