Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88454458

DATE:                                08/28/2019

NAME:                               araja

NOTE:         

Searched:                                                             
 X   Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
 X   Other: industry websites

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT           Added design code in TRADEUPS
     Description of the mark
     Translation statement              X   Re-imaged standard character
                                            drawing
     Negative translation statement             
     Consent of living individual           Contacted TM MADRID ID/CLASS
                                            about misclassified definite ID
     Changed TRADEUPS to:

     OTHER:

From: Cheryl L. Anderson <clanderson@crmiles.com>
Sent: Monday, August 26, 2019 4:54 PM
To: Raja, Amer <Amer.Raja@USPTO.GOV>; Jill Buck <jsbuck@crmiles.com>
Subject: RE: Response Requested - U.S. Trademark Application Serial No. 88454458; Your Docket No. 0400T15.US

 

Dear Examining Attorney Raja,

 

Thank you again for your communication below. 

 

We would like to amend the application to a two-word mark, i.e., ARCH LOGIX, to reconcile the mark with the manner in which the mark is used.  If you would kindly enter an Examiner’s Amendment accordingly, it would be most appreciated.  We also authorize entry of a disclaimer of the term “arch” in the application. 

 

If something further is needed in order to place the application in condition for publication, please let us know.

 

Kind regards,

CR MILES P.C.

Cheryl Anderson, Esq.

 

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From: Raja, Amer <Amer.Raja@USPTO.GOV>
Sent: Friday, August 23, 2019 2:07 PM
To: Cheryl L. Anderson <clanderson@crmiles.com>; Jill Buck <jsbuck@crmiles.com>
Subject: Response Requested - U.S. Trademark Application Serial No. 88454458; Your Docket No. 0400T15.US

 

Good afternoon Ms. Anderson:

 

I am in the process of reviewing the above-referenced application for ARCHLOGIX.  Before I can move forward with this application, however, there are a few issues that must be addressed, discussed below.

 

As it currently stands, the mark shown in the specimen (ARCH LOGIX) is not a substantially exact representation of the mark shown in the drawing, ARCHLOGIX since the mark shown in the drawing is a compound mark without any spaces or line-breaks separating the components.  See e.g. TMEP 807.12(e).  There are a few potential options here, but I will outline two of the most efficient ones:

 

(1)    The mark can be amended from ARCHLOGIX to ARCH LOGIX via examiner’s amendment so that the mark drawing and specimen match.  If this amendment is entered, however, the term “ARCH” would also need to be disclaimed in the examiner’s amendment since this term is descriptive in relation to footwear.

 

(2)    Alternatively, the mark can remain as ARCHLOGIX (as a compound term) but the applicant would then need to submit a substitute specimen showing use of the compound work mark in response to a Section 1 and 45 refusal in a priority office action. A disclaimer would not be required here since the mark would be in compound form and thus treated as a unitary mark.

 

That said, I can either issue an Examiner’s Amendment if the applicant wants to proceed with the first option.  As such, if you could please let me know how the applicant would like to proceed I would greatly appreciate it. Thank you.

 

Best regards,

Amer

 

/Amer Raja/

Trademark Examining Attorney

Law Office 121

Phone: (571)270-5936

E-mail: amer.raja@uspto.gov

 

Please be aware 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.