NOTE TO THE FILE
SERIAL NUMBER: 88467883
DATE: 08/27/2019
NAME: mreid1
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: Marc Kesten <marc@kestenlex.com>
Sent: Tuesday, August 27, 2019 2:43 PM
To: Reid, Monica <Monica.Reid@USPTO.GOV>
Subject: Re: BANG BASH, STRAWBERRY BLONDE, SOUR HEADS - Serial Nos. 88463185, 88467883, and 88480262
Dear Ms. Reid,
Yes, we agree to disclaim the term “BASH.” Sorry for any confusion.
Regards,
Marc J. Kesten
Attorney for JHO IP Holdings
Sent from my iPhone
On Aug 26, 2019, at 6:04 PM, Reid, Monica <Monica.Reid@uspto.gov> wrote:Mr. Kesten,
I would like to clarify whether your client is agreeing to disclaim the wording “BASH” in the mark BANG BASH. There is a sentence at the end of the email that states that the client does not agree to the disclaimer.
Thank you,
Monica Reid
From: Marc Kesten [mailto:marc@kestenlex.com]
Sent: Monday, August 26, 2019 5:54 PM
To: Reid, Monica <Monica.Reid@USPTO.GOV>
Cc: Donna Williams <donna.williams@vpxsports.com>
Subject: BANG BASH, STRAWBERRY BLONDE, SOUR HEADS - Serial Nos. 88463185, 88467883, and 88480262
Dear Ms. Reid,
We agree to disclaim the term "BASH" from the mark BANG BASH.
We agree to disclaim the word "STRAWBERRY" from the mark STRAWBERRY BLONDE.
We agree to disclaim the word "SOUR" from the mark SOUR HEADS.
We do not agree to disclaim the term "BASH" from the mark BANG BASH.
We would appreciate you amending the applications accordingly and move them along for publication.
Thank you,
MarcFrom: Reid, Monica <Monica.Reid@USPTO.GOV>
Sent: Monday, August 26, 2019 5:39 PM
To: Legal <Legal@vpxsports.com>
Subject: BANG BASH, STRAWBERRY BLONDE, SOUR HEADS - Serial Nos. 88463185, 88467883, and 88480262
Good afternoon Attorney Kesten,
I am the Trademark Examining Attorney assigned to the above captioned matters and hope to resolve three issues by Examiner’s Amendment.
BANG BASH – Serial No. 88463185
A disclaimer is required for the wording “BASH”, as this wording is descriptive of a characteristic of applicant’s services. The required disclaimer statement reads as follows: No claim is made to the exclusive right to use “BASH” apart from the mark as shown.
STRAWBERRY BLONDE – Serial No. 88467883
A disclaimer is required for the wording “STRAWBERRY”, as this wording is descriptive of a characteristic of applicant’s goods. The required disclaimer statement reads as follows: No claim is made to the exclusive right to use “STRAWBERRY” apart from the mark as shown.
SOUR HEADS – Serial No. 88480262
A disclaimer is required for the wording “SOUR”, as this wording is descriptive of a characteristic of applicant’s goods. The required disclaimer statement reads as follows: No claim is made to the exclusive right to use “SOUR” apart from the mark as shown.
Please let me know if your client is in agreement with the required disclaimer statements by Thursday, August 29, 2019. If no response is received by this time, an Office action will issue. If you have any questions, please feel free to contact me by email or telephone at 571-270-3961.
Respectfully,
Monica Reid
/Monica Reid/
Trademark Examining Attorney
Law Office 126
United States Patent & Trademark Office
(571) 270-3961
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