NOTE TO THE FILE
SERIAL NUMBER: 88477000
DATE: 09/12/2019
NAME: jfickes
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
email Attorney/ApplicantRequested Law Library search 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:
Hi Jeri,
Thank you for reaching out. Yes I’m not claiming any exclusive rights to the term MODERN. Please do the amendment. I appreciate ir
Best,
Eli Altaras
On Sep 11, 2019, at 3:25 PM, Fickes, Jeri <Jeri.Fickes@uspto.gov> wrote:
Dear Mr. Altaras,
I am the examining attorney assigned to review your application. Before I can send it on in the registration process, we need to address the following issue.
The term “MODERN” in the mark is merely descriptive of a feature of the retail store services, namely, one of the styles of the goods sold through the stores. I need your permission to enter a disclaimer of this term. The mark is registered in its entirety as shown in the drawing, but the disclaimer statement indicates you don’t claim an exclusive right to use the descriptive term “MODERN” apart from the mark as shown. In other words, others are free to use “MODERN” to describe their goods.
Please let me know if I may enter the disclaimer by examiner’s amendment. The application is otherwise ready for publication.
Jeri Fickes
Trademark Examining Attorney
Law Office 107USPTO
571/272-9157