NOTE TO THE FILE
SERIAL NUMBER: 88626650
DATE: 12/30/2019
NAME: bbrown4
NOTE:
From: Jen Jackson - NCH Software <jen.jackson@nchsoftware.com>
Sent: Monday, December 30, 2019 1:14 PM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: RE: U.S. Trademark Application SN 88626650
Thank you very much!
Happy New to you as well!
From: Brown, Barbara (TM) [mailto:Barbara.Brown@USPTO.GOV]
Sent: Monday, December 30, 2019 11:07 AM
To: jen.jackson@nchsoftware.com
Subject: RE: U.S. Trademark Application SN 88626650
Hi Jen -
I will send the office action out to you today and the applicant will have six months to respond. To move prosecution forward more quickly, any one of the officers can call or email me to authorize the disclaimer statement at any time during the six month response period.
Thank you and happy new year
/Barbara Brown/
Trademark Examining Attorney, LO 116
571-272-9134
barbara.brown@uspto.gov (informal)
From: Jen Jackson - NCH Software <jen.jackson@nchsoftware.com>
Sent: Monday, December 30, 2019 12:53 PM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: RE: U.S. Trademark Application SN 88626650
Ms. Brown,
Thank you for responding. I am not an officer of the corporation. Peter is out of the country and not able to respond by tomorrow. We will wait for a formal action to be issued and Peter will be able to respond at that time.
Thank you
Jen Jackson
Jen Jackson
Office Manager
NCH Software Inc.
AltoEdge Inc.
6120 Greenwood Plaza Blvd.
Ste. 120
Greenwood Village, CO 80111
303-785-1761 Ext 111
303-889-5134 fax
From: Brown, Barbara (TM) [mailto:Barbara.Brown@USPTO.GOV]
Sent: Monday, December 30, 2019 10:26 AM
To: jen.jackson@nchsoftware.com
Subject: RE: U.S. Trademark Application SN 88626650
Dear Ms. Jackson:
Thank you for your reply. Are you an officer of the corporation or have legal authority to bind the applicant? I am confirming because only an officer of the applicant corporation is able to authorize an examiner’s amendment on behalf of the applicant. TMEP section 707.01. If Mr. Lupton is the officer authorizing the disclaimer amendment, please ask him to send a confirmation email authorizing the disclaimer or he can call me directly.
/Barbara Brown/
Trademark Examining Attorney, LO 116
571-272-9134
barbara.brown@uspto.gov (informal)
From: Jen Jackson - NCH Software <jen.jackson@nchsoftware.com>
Sent: Monday, December 30, 2019 11:50 AM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: RE: U.S. Trademark Application SN 88626650
Hello,
This disclaimer is acceptable.
Please let me know if there is anything further you need.
Thanks
Jen Jackson for Peter Lupton
From: Brown, Barbara (TM) [mailto:Barbara.Brown@USPTO.GOV]
Sent: Saturday, December 28, 2019 3:57 PM
To: jen.jackson@nchsoftware.com
Subject: U.S. Trademark Application SN 88626650
To Applicant:
I am the examining attorney assigned to review NCH SOFTWARE INC’s trademark application for the mark EXPRESS SCHEDULE for “downloadable computer software for document management.” I have searched the Office records and have found no registered or pending marks that would bar registration of the proposed mark. However, the applicant must agree to disclaim the merely descriptive term SCHEDULE before the mark will be approved for publication. According to the specimen of use the software is a schedule maker to “effortlessly manage your entire staff schedule in one place.” Therefore, SCHEDULE merely describes the purpose of the goods and must be disclaimed. The standard format for disclaimer is as follows: “No claim is made to the exclusive right to use SCHEDULE apart from the mark as shown.” If this disclaimer is acceptable to the applicant, please have an officer of the corporation, reply to this email by authorizing entry of the standard disclaimer statement and I will enter it by examiner’s amendment. If you have questions, please contact me via email or telephone at the number listed below so I may assist you. I look forward to a prompt reply, but if I do not receive one by Tuesday December 31, 2019, a formal office action will be issued giving the applicant six months to respond.
Thank you
/Barbara Brown/
Trademark Examining Attorney, LO 116
571-272-9134
barbara.brown@uspto.gov (informal)