NOTE TO THE FILE
SERIAL NUMBER: 88505622
DATE: 09/26/2019
NAME: npolzer
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 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:X OTHER:
From: Gene Bolmarcich <gxbesq1@gmail.com>
Sent: Thursday, September 26, 2019 1:13 PM
To: Polzer, Natalie <Natalie.Polzer@USPTO.GOV>
Subject: Re: Trademark Application Serial No. 88505622 - SUPEARIOR plus design
Hi Natalie,
I accept the disclaimer. Thanks for your attention to this.
Best regards,
Gene
On Thu, Sep 26, 2019 at 10:40 AM Polzer, Natalie <Natalie.Polzer@uspto.gov> wrote:
Dear Attorney Gene Bolmarcich:
I am the United States Patent and Trademark Office examining attorney reviewing the above-referenced trademark application(s). Before the application(s) can proceed to publication, we need to resolve the following procedural issue:
1) Add a disclaimer of the wording in the mark (in its correct spelling) because the term “SUPERIOR” is laudatory and merely descriptive of the high quality of the applicant’s goods.
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “SUPERIOR” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
To expedite processing, please email or call me sometime before the end of the day, Monday, Septemer 30, 2019, to attempt to resolve the issue(s) for immediate approval for publication. If you authorize the change(s) or clarification(s), all that is needed is your authorization in an email, phone call, or detailed voicemail.
If the issue(s) cannot be resolved this way, formal office action(s) will have to be issued, and the examination process extended. Thank you.
Best regards,
/Natalie M. Polzer/
Trademark Examining Attorney
USPTO
Law Office 108
(571) 272-4103
--
Law Offices of Gene Bolmarcich
107 North Lake Shore Drive
Brookfield, CT 06804
genebolmarcich@trademarksa2r.com
www.TrademarksA2®.com
(609) 651-1261