NOTE TO THE FILE
SERIAL NUMBER: 88482609
DATE: 09/18/2019
NAME: rnkojo
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:Hi Rhoda,
This responds to the message below.
The amendments to the color claim and mark description are acceptable.
I’m waiting for feedback from my client regarding deleting “preparations for repelling fleas and ticks” from the application.
I will try to get back to you by COB tomorrow.
Thanks,
Randy
Randy Michels
Co-Founder, Trademark Attorney
Trust Tree Legal, P.C.
798 Berry Road #41400
Nashville, TN 37204
(615) 469-0438
randy@trust-tree.com
TrustTreeTrademarks.com
From: "Nkojo, Rhoda" <Rhoda.Nkojo@USPTO.GOV>
Date: Tuesday, September 17, 2019 at 9:59 AM
To: Randy Michels <Randy@trust-tree.com>, Docket <docket@trust-tree.com>
Subject: RE: U.S. Trademark Application Serial Nos. 88482609;
Dear. Mr. Michels:
This message follows the email below and specifically concerns U.S. Trademark Application Serial No. 88482609 for the mark “GCP” (plus design). Upon further review, I am unfortunately required to issue a partial Section 2(d) Refusal with respect to the specific goods identified in that application as “preparations for repelling fleas and ticks”. My apologies for not indicating as much in my initial email. As such, if you agree to the below-referenced changes to the application record regarding the mark description and color claim, then, with respect to Application Serial No. 88482609, I can issue an Examiner’s Amendment/Priority Action wherein the Examiner’s Amendment portion of the letter would reflect the agreed changes to the application record and the Priority Action portion of the letter would reflect the Section 2(d) refusal.
Though not required, applicant may also choose to delete from the identification the entry for “preparations for repelling fleas and ticks” from the application record to overcome the above-referenced Section 2(d) refusal. Otherwise, applicant will have 6 months to respond to the Section 2d refusal that will be set forth in the Examiner’s Amendment/Priority Action. Again, my apologies for the miscommunication with regard to Application Serial No. 88482609
With regard to Serial No. 88482607 for the mark “GCP” (plus design), upon receipt of your approval of the below referenced changes to that application record, I can then immediately approve that mark for publication.
As noted below, if you would like to discuss further, to expedite processing, we can schedule a phone call for today between 1:30pm and 4:30pm EST as well as tomorrow between 12pm and 4pm, to hopefully resolve the issues. I would like to discuss resolution of these issues by close of business tomorrow, September 18th. However if you are unavailable prior to close of business tomorrow, then I can issue Office Actions to you for both applications and you will have 6 months to respond.
Best,
Rhoda
Rhoda Nkojo
Trademark Attorney - Law Office 117
United States Patent & Trademark Office
(PH): (571) 272-8468
Email: rhoda.nkojo@uspto.gov
Please note that although all relevant e-mail communications will be placed in the official application record, an email communication does not constitute a formal response to an office action. 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.
From: Nkojo, Rhoda
Sent: Tuesday, September 17, 2019 10:23 AM
To: randy@trust-tree.com; docket@trust-tree.com
Subject: U.S. Trademark Application Serial Nos. 88482609; 88482607
Dear Mr. Michels:
This message concerns the above-referenced Trademark Applications for the marks “GCP” (plus design) and “GCP” (plus design), Serial Nos, 88482609; 88482607. I have reviewed the applications and there are a few minor issues that we can resolve by Examiner’s Amendment and I can then approve the marks for publication right away. If you would like to discuss the below via telephone, I am available to do so today between 1:30pm and 4:30pm EST.
REQUIREMENT – AMEND DESCRIPTION AND COLOR OF THE MARK
Applicant must provide an amended description of the mark that includes all the design elements and colors shown in the mark. Specifically, the following elements and colors have been omitted: the black and/or white outlining in the design as well as the colors grey and black appearing in the cross and animal design elements of the mark.
A complete description must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If the mark features black, white, and/or gray areas that are also not being claimed as a color feature of the mark, applicant must exclude those areas from the color claim and include in the description a statement that black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. See TMEP §807.07(d).
Additionally, applicant must provide an amended color claim that references all the colors in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Specifically, the following colors have been omitted: grey. A complete color claim must list all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.
The following color claim and description are suggested, if accurate:
Color Claim: The color(s) green, white, grey and black is/are claimed as a feature of the mark.
Mark Description: The mark consists of the letters “GCP” in black appearing below a stylized design consisting of a green and white cat that is outlined in black and features a black line for its eye and a black tail and is in front of a white dog that is outlined in black and features a black line for is eye, a black front leg and paw, a black tail, a green ear and grey shading on its neck, both in front of a green shield that has a white outline that is also outlined in black and contains a grey and white cross that is outlined in black in its center. The remaining white in the mark represents background, shading and/or transparent areas that are not a feature of the mark.
RESPONSE GUIDELINES
If the above-referenced suggested amended color claim and mark description are acceptable to you, then I can make the changes to both applications myself with an “Examiner’s Amendment”. I would simply need approval by email or telephone at the number below, from you, the other authorized attorney of record for the applicant, Mad Wicked, LLC.
If, however, you would like to discuss further, to expedite processing, we can schedule a phone call for today between 1:30pm and 4:30pm EST, to hopefully resolve the issues for immediate approval for publication. You may also respond to this email with your approval or concerns regarding the above-referenced changes to the application records. I would like to discuss resolution of these issues by close of business tomorrow, September 18th. However if you are unavailable prior to close of business tomorrow, then I can issue an Office Action to you and you will have 6 months to respond.
Thank you for your time,
Rhoda
Rhoda Nkojo
Trademark Attorney - Law Office 117
United States Patent & Trademark Office
(PH): (571) 272-8468
Email: rhoda.nkojo@uspto.gov
Please note that although all relevant e-mail communications will be placed in the official application record, an email communication does not constitute a formal response to an office action. 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.