NOTE TO THE FILE
SERIAL NUMBER: 88579504
DATE: 11/19/2019
NAME: ekon
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
Applicant via:
X phone Left message with
email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
From: Chris Wilhoite <chriswilhoite18@icloud.com>
Sent: Monday, November 18, 2019 9:22 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Subject: Re: Re LEAN and design trademark application #88579504
Dear Ms/Mrs. Kon,
Thank you for reaching out to me regarding my trademark application ! I greatly appreciate the time you put in to analyze my trademark and send me your feedback.
In regards to the three issues concerning my trademark application:
Firstly, I was meaning to file under an LLC as an individual person. However, I do not currently have an LLC registered. If it is possible to file under a sole-proprietorship at this point in time ? then that would be the route I would like to take (if that’s easiest).
Secondly, in regards to the description of my trademark, I would like to choose the second description in which you listed:
2-- The mark consists of the stylized word "LEAN" in black stacked vertically below a design consisting of three colored rectangular bars. The left-most rectangular bar is outlined in black, the middle rectangular bar is white, and the right-most rectangular bar is outlined in red. The color white indicates background inside the red and black outlined rectangles. The color gray shows the outline of the white rectangle and is not a feature of the mark.
Finally, LEAN has no official industry meaning in relation to the clothing articles. However, I was planning on using the name LEAN for my clothing brand because I believe it inspires individuals to want to be better and to aspire for greatness.
Please let me know if there is anything else you need. I would love to call you if you need any sort of clarification or conformation on anything regarding the application. Just let me know the best time to do so.
Again, thank you for taking the time to help me out with the application ! Greatly appreciated !
Regards,
Chris Wilhoite
On Nov 18, 2019, at 8:47 AM, Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV> wrote:
Dear Mr. Wilhoite
I am the trademark examining attorney at the U.S. Patent and Trademark Office to whom this application has been assigned. There are minor issues that we can resolve by examiner's amendment, based on your reply to this email or a phone call.
First, please clarify who the applicant is. You listed your own name and said you are an LLC. A person cannot be an LLC. If the LLC owns the trademark, then you must list the correct legal name of the LLC as the applicant, as follows:
(indicate full legal name of the LLC), a Colorado limited liability company
If you are the applicant, as an individual person, and you do business under the name of an LLC, then you must amend the applicant to the following:
Christopher W. Wilhoite, an individual and citizen of (indicate your country of citizenship) (you may add “DBA ___” and fill in the name of the LLC in that blank space, if desired)
Second, you must amend the description of your trademark to say that LEAN is in black, to clarify the color gray and to clarify whether that the rectangles are white in their centers, or whether the centers are cut out and appear in the background color of the fabric. Please pick one of the following descriptions, as may be accurate:
1 -- The mark consists of the stylized word "LEAN" in black stacked vertically below a design consisting of three colored rectangular bars. The left-most rectangular bar is outlined in black, the middle rectangular bar is white, and the right-most rectangular bar is outlined in red. The black and red rectangles are white inside their outlines. The color gray shows the outline of the white rectangle and is not a feature of the mark.
2-- The mark consists of the stylized word "LEAN" in black stacked vertically below a design consisting of three colored rectangular bars. The left-most rectangular bar is outlined in black, the middle rectangular bar is white, and the right-most rectangular bar is outlined in red. The color white indicates background inside the red and black outlined rectangles. The color gray shows the outline of the white rectangle and is not a feature of the mark.
Third, please tell me whether LEAN has any industry meaning in relation to the clothing articles.
I would be happy to enter these corrections for you, and move the application forward. Please tell me how you want to proceed or if you have questions. Feel free to call or email me at the contact info below.
There is no fee due for my making these changes for you.
Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
Check the status of your application at: http://tsdr.gov.uspto.report/ . Type your serial number in the white box, click “status” to check the status, or click “documents” to view the application file.
This is not a solicitation. For information about non-USPTO solicitations, go to: http://www.gov.uspto.report/trademarks-getting-started/non-uspto-solicitations.