NOTE TO THE FILE
SERIAL NUMBER: 88461026
DATE: 08/22/2019
NAME: joakes
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:From: Holly Lar - Legal [mailto:Holly.Lar@walmartlegal.com]
Sent: Thursday, August 22, 2019 2:41 PM
To: Oakes, Jeffrey <Jeffrey.Oakes@USPTO.GOV>; US Trademark - New <ustrademark@walmart.com>
Cc: Kathryn Collins - Legal <Kathryn.Collins@walmartlegal.com>; Docket team (dsdocketuswmt@dinsmore.com) <dsdocketuswmt@dinsmore.com>
Subject: RE: Docket No. 81380987; TM App. No. 88461026, WALMART WINE & SPIRITS
Mr. Oakes,
We agree to the recommended disclaimer.
Thanks,
Holly M. Lar, Counsel
Intellectual Property
Phone 479.204.5424 Mobile 479.426.1778
702 SW 8th Street, MS 0215
Bentonville, Arkansas 72716-0215
Save Money. Live Better.
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From: Oakes, Jeffrey <Jeffrey.Oakes@USPTO.GOV>
Sent: Monday, August 19, 2019 3:58 PM
To: US Trademark - New <ustrademark@walmart.com>
Subject: EXT: Docket No. 81380987; TM App. No. 88461026, WALMART WINE & SPIRITS
This email is intended for Holly M. Lar and/or any authorized party.
NOTE: The following email addresses an issue found in U.S. Application No. 88461026, WALMART WINE & SPIRITS, owned by Walmart Apollo, LLC. The below issue can be resolved over the phone or by return email in order to expedite the publication of the mark.
Attorney Docket No. 81380987
Dear Ms. Lar:
I am the USPTO trademark examining attorney assigned to the above-referenced application. I have reviewed the application, and the mark is almost ready for publication. However, the issue of a disclaimer must be addressed before I can proceed. This issue can be resolved by reply email or phone:
1. The application needs to include a disclaimer for the terms “WINE & SPIRITS”, as they are descriptive of a feature of the applicant’s services in International Class 35, “Retail store services featuring beer, wine and liquor.” Accordingly, I would like your permission to add the following statement to the record: “No claim is made to the exclusive right to use “WINE & SPIRITS” apart from the mark as shown.”
Please email me at your earliest convenience if you would like to resolve the above issues by email, or please feel free to call me at (571) 272-8653 to resolve the issues by phone. If I do not hear from you by Thursday, August 22, I will issue and Office action reflecting the above requirements. Thank you, Ms. Lar!
Best Regards,
Jeffrey A. Oakes
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 128
Phone: (571) 272-8653