Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88539450

DATE:                                10/21/2019

NAME:                               lferrell

NOTE:         

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From: Andrew S. Ehard <AEhard@merchantgould.com>
Sent: Monday, October 21, 2019 10:35 AM
To: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>; DOCKMPLS <DOCKMPLS@merchantgould.com>
Cc: 04758.0252US01.active@ef.merchantgould.com
Subject: RE: USPTO Trademark Application: sn 88539450 VIVA SERIES

 

Hi Katherine,

 

Many thanks for checking in on this matter. Please proceed with an Examiner’s Amendment as follows:

 

1.      Disclaimer of SERIES

2.      Otter Products LLC – Limited Liability Company of Colorado.

 

Please note that it is a Limited Liability Company rather than Limited Liability Corporation. Please let me know if you have questions.

 

Andy

 

 

 

Andrew S. Ehard 
Partner
Merchant & Gould P.C.
150 South Fifth Street
Suite 2200
Minneapolis, MN 55402-4247
USA 

Telephone (612) 336-4602
Mobile (612) 850-5918
Fax (612) 332-9081
merchantgould.com

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From: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Sent: Monday, October 21, 2019 7:43 AM
To: DOCKMPLS <DOCKMPLS@merchantgould.com>; Andrew S. Ehard <AEhard@merchantgould.com>
Subject: USPTO Trademark Application: sn 88539450 VIVA SERIES

 

CAUTION - External.

---

Good Morning Mr. Ehard,

 

I am reviewing the above referenced application for your client, Otter Products, LLC. In review of this application there  are a couple of issues that can be corrected without the need for an office action.

 

First, we require a disclaimer of the word “SERIES” in the mark because it is descriptive of the fact that the goods are a part of a range of products. The suggested disclaimer would read:

 

“No claim is made to the exclusive right to use “SERIES” apart from the mark as shown.”

 

Please let me know if you would approve of my adding the disclaimer as described.

 

Further, we require clarification of the applicant’s entity type.  The designation LLC is included in applicant’s name, however, the legal entity set forth is a corporation.  As LLC generally identifies an “limited liability company” and a corporation, further clarification is needed. If applicant is a limited liability company, applicant must amend the legal entity and provide the U.S. state under whose laws it is organized.  If applicant is a corporation, applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization.

 

Please clarify if the entity type is a limited liability company or a corporation.

 

In summary, we require the following approvals from you:

 

1)           Disclaimer as described above.

2)           Entity Clarification as described above.

 

Please respond no later than 2 PM EST on Wednesday, October 23, 2019.

 

If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.

 

Respectfully,

 

/Katherine Ferrell/

Examining Attorney, Law Office 126

United States Patent and Trademark Office

(571)270-3576

Katherine.Ferrell@uspto.gov