NOTE TO THE FILE
SERIAL NUMBER: 88504614
DATE: 09/24/2019
NAME: jnelman
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:
X 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: Williams, Reid (SHB) <RWILLIAMS@shb.com>
Sent: Tuesday, September 24, 2019 4:16 PM
To: Nelman, Jesse <Jesse.Nelman@USPTO.GOV>
Cc: CGNTMDocket <CGNTMDocket@shb.com>
Subject: RE: Clarification Needed Regarding SN 88504614 PIVOTAL ECHO 5G
Examining Attorney Nelman,
We have discussed these matters with our client. We agree to the addition of the disclaimer statement that no claim is made to the exclusive right to use “5G” apart from the mark as shown.
As for the identification of the goods, the client does not agree to the description “Wireless network repeaters.” Instead they agree to the description provided below as it more accurately describes their goods.
Class 09- Cellular repeaters.
Thank you for your assistance in this matter and if you have any questions please feel to email me or call me at the number below.
Reid.
Reid L. Williams
Associate
Shook, Hardy & Bacon L.L.P.
816.559.4012 | rwilliams@shb.com
From: Nelman, Jesse <Jesse.Nelman@USPTO.GOV>
Sent: Tuesday, September 24, 2019 1:08 PM
To: Newton, Clint (SHB) <CNEWTON@shb.com>
Cc: CGNTMDocket <CGNTMDocket@shb.com>
Subject: Clarification Needed Regarding SN 88504614 PIVOTAL ECHO 5G
EXTERNAL
Hello,
I’m the trademark examining attorney assigned to U.S. APPLICATION SERIAL NO. 88504614 PIVOTAL ECHO 5G. There are two issues that I’d like to speak with you about that can be resolved with applicant’s agreement. Due to Office deadlines, I will need a response from you no later than September 25, 2019. If I don't hear from you by this time, I will issue an Office Action with respect to the relevant issues, to which you will have an opportunity to respond.
DISCLAIMER
The wording “5G” describes a feature of applicant’s goods. Thus, the wording must be disclaimed. With applicant’s permission, I will add the following statement to the record:
No claim is made to the exclusive right to use “5G” apart from the mark as shown.
Please let me know if applicant agrees to the addition of the disclaimer statement.
IDENTIFICATION OF GOODS
The identification of goods is indefinite. Importantly, the wording “repeaters” is indefinite and overly broad. I suggest the following, if accurate:
Class 09— Wireless network repeaters.
Please let me know if applicant agrees to the amendments above.
If you have any questions, please contact me. I will be happy to assist you.
Sincerely,
Jesse Nelman
Trademark Examining Attorney – Law Office 113
United States Patent & Trademark Office
(571) 272-0191 | jesse.nelman@uspto.gov
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