NOTE TO THE FILE
SERIAL NUMBER: 88607603
DATE: 12/13/2019
NAME: ggurok
NOTE:
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 TRADEUPS
From: DeWayne Pope <dpope@dpopemail.com>
Sent: Friday, December 13, 2019 12:43 PM
To: Gurok, Galina <Galina.Gurok@USPTO.GOV>
Subject: Re: OFFICIAL USPTO EMAIL - HERO DOUGHNUTS Trademark, Serial No. 88607603 - Response Requested
Ms. Gurok,
I approve the addition of the disclaimer.
Best regards,
DeWayne Pope
DeWayne Pope, Attorney
DeWayne Pope LLC | Legal Support for Innovative Creators + Entrepreneurs + Small Businesses
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On Fri, Dec 13, 2019 at 11:27 AM Gurok, Galina <Galina.Gurok@uspto.gov> wrote:
Dear Mr. Pope,
I am reviewing the above referenced application for your client. In review of this application there is just one issue that can be corrected without the need for an office action. Please respond no later than 5 PM ET on Monday, December 16, 2019.
We require a disclaimer of the wording “DOUGHNUTS” in the mark because it is unregistrable matter, as it is merely descriptive of a feature of applicant’s goods and services. The suggested disclaimer would read:
“No claim is made to the exclusive right to use “DOUGHNUTS” apart from the mark as shown.”
Please let me know if you would approve of my adding the disclaimer as described. Please note, a disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark.
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.
Best,
Galina Gurok
Examining Attorney
Law Office 126
(571) 270-3589
Notice to trademark applicants and attorneys: All relevant e-mail communications will be added to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.