To: | Red Thread Wine Company (gbrakesman@hotmail.com) |
Subject: | U.S. Trademark Application Serial No. 88492688 - RED THREAD - N/A |
Sent: | November 21, 2019 02:42:46 PM |
Sent As: | ecom126@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88492688
Mark: RED THREAD
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Correspondence Address: |
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Applicant: Red Thread Wine Company
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: November 21, 2019
INTRODUCTION
This Examiner’s amendment is supplemental to the Office action issued on September 18, 2019 in which a requirement to amend the color claim and mark description was issued. Applicant’s reply of October 22, 2019 addressed the requirement in part. The application is being further amended as outlined below to address the outstanding issues, and to add a disclaimer for the term “RED”.
As previously noted, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark. See attached Application Serial No. 88294123. Immediately following this Examiner’s Amendment, applicant will receive a Notice of Suspension based on this prior-pending application.
Application has been amended as shown below. As agreed to by Gretchen Brakesman on November 21, 2019, the examining attorney has amended the application as shown below.
AMENDED DESCRIPTION OF COLORS IN MARK
The following statements describing color in the mark replace the current description of color in the mark of record:
The colors red and black are claimed as a feature of the mark.
The mark consists of an image of red thread with the wording "RED THREAD" in black right below it. The color white represents background, outlining, shading, and/or transparent areas and is not part of the mark.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).
DISCLAIMER AMENDED
The following amended disclaimer statement replaces the current disclaimer of record:
No claim is made to the exclusive right to use “RED” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
/Cheryl Kluwe/
Cheryl Kluwe
Examining Attorney
Law Office 126
(571) 270-3839
cheryl.kluwe@uspto.gov