NOTE TO THE FILE
SERIAL NUMBER: 88458373
DATE: 08/31/2019
NAME: chiser
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 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:X OTHER:
Dear Mr. Hiser,
My client is good with your suggested changes to the identification of goods.
Please enter the Examiner's amendment discussed below.
Thanks,
Charles
On August 30, 2019 at 3:03 PM "Hiser, Charles" <Charles.Hiser@USPTO.GOV> wrote:
Dear Mr. Riggs,
I just wanted to circle back around with you to see if you had heard back from you client regarding the potential change to the identification of goods.
Sincerely,
Charles H. Hiser IV
Trademarks Examining Attorney
Law Office 112
United States Patent & Trademark Office
(571) 272-7526
Notice to trademark applicants and attorneys: All relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
From: riggs <riggs@riggs.pro>
Sent: Wednesday, August 28, 2019 1:49 PM
To: Hiser, Charles <Charles.Hiser@USPTO.GOV>
Subject: Re: US Trademark Application 88458373 (GLADIATOR)
Hello Mr. Hiser,
I will check with my client and get back to you asap.
Thanks,
Charles
On August 26, 2019 at 6:26 PM "Hiser, Charles" <Charles.Hiser@USPTO.GOV> wrote:
Dear Mr. Riggs,
I hope this email finds you well. I am the examining attorney assigned to your client’s application for GLADIATOR. I have finished going over the application and there is an issue that needs to be addressed before the application can be published. There is a potential citation for the applied for mark – 3816655 (THE GLADIATOR). The concern is that if the applied for bags are designed to work with such a system there could be relatedness. However, if the application was to be amended to note that the goods were for human refuse and not animal waste then I believe the trade channels would be different enough to avoid the citation.
My suggestion would be “Garbage bags of paper; Garbage bags of plastic; Trash bags; Trash can liners; Garbage bags of paper; Garbage bags of paper or of plastics; Garbage bags of plastics; Lawn and leaf disposal bags; Leaf disposal bags; Paper garbage bags; Paper refuse bags; Plastic garbage bags; Plastic trash bags; Plastic trash compactor bags; Rubbish bags (made of paper or plastic materials); all of the above for human refuse and trash, not for animal waste
If your applicant is amenable to such a change I would be happy to make it with an examiner’s amendment and move the application forward in the registration process.
Please let me know how you would like to proceed.
Sincerely,
Charles H. Hiser IV
Trademarks Examining Attorney
Law Office 112
United States Patent & Trademark Office
(571) 272-7526
Notice to trademark applicants and attorneys: All relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
Charles T. Riggs Jr., Esq.
Attorney at Law
551 Forest Avenue
River Forest, Illinois 60305
708-828-6130
riggs@riggs.pro
Charles T. Riggs Jr., Esq.
Attorney at Law
551 Forest Avenue
River Forest, Illinois 60305
708-828-6130
riggs@riggs.pro