NOTE TO THE FILE
SERIAL NUMBER: 88598097
DATE: 12/09/2019
NAME: jhilliard
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
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:Hi Jessica,
Go ahead and make the necessary and proposed changes via an amendment. I have reviewed your suggestions below and am in agreement.
Thank you,
David Johnson
Owner
Riverdavesplace.com
On Dec 9, 2019, at 9:08 AM, Hilliard, Jessica <Jessica.Hilliard@uspto.gov> wrote:
Good morning,
I’m contacting you regarding Trademark Application Serial No. 88598097 for the mark “RDP”. The application is in very good shape, and there are just a few small issues with the mark description and color claim that I think we can address via email. Specifically, the mark description and color claim must describe the mark as depicted in the mark drawing. As the mark drawing displays the mark in black, white and gray, the mark description cannot state that the “colors can be red, orange, green, blue, black, white, gold, silver, pink, purple, yellow, and/or gray, any variance in between, or combination thereof, as well as gradients” and the color claim cannot state that the colors “red, orange, green, blue, white, black, gold, silver, pink, purple, yellow, and gray” are claimed.
However, as the mark drawing is in black, white and gray, you may state that color is not claimed as part of the mark. If you do so, and color is not claimed as part of the mark, this means that the mark can be displayed in any color.
Therefore, I would propose changing the color claim and mark description to the following:
Color Claim: “Color is not claimed as a feature of the mark.”
Mark Description: “The mark consists of the stylized wording “RDP”.”
As noted above, this would concisely describe the mark in the current mark drawing, and would also mean that the mark could be displayed in any color.
Please let me know if the proposed mark description and color claim are acceptable – if so, I would be happy to make the changes for you via an examiner’s amendment. If you could please reply by today, Monday, December 9 at 6pm Eastern Time, I would very much appreciate it. If I don’t hear from you by that time, I’ll go ahead and issue the office action, but I hope to hear from you soon. If you’d prefer to reply via phone or have questions that you would like to discuss via phone, I can be reached at 571-272-4031.
Also, please note that I can only make changes to the application that are authorized by a corporate officer of RiverDavesPlace, LLC (such as a CEO, President, etc.), or someone with the legal authority to bind RiverDavesPlace, LLC. If you choose to respond, please include a statement that identifies the name and corporate title of the respondent.
Best regards,
Jessica L. Hilliard
Trademark Examining Attorney
Law Office 120
571-272-4031