NOTE TO THE FILE
SERIAL NUMBER: 88639969
DATE: 12/19/2019
NAME: cdombrow
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantFrom: Cobby J. Shereff <Shereff@cbcslaw.com>
Sent: Thursday, December 19, 2019 11:03 AM
To: Dombrow, Colleen <Colleen.Dombrow@USPTO.GOV>
Subject: RE: Official Correspondence from the US Patent and Trademark Office regarding US Trademark Application SN 88639969, TASTEFUL SELECTIONS BITE-SIZE POTATOES (your docket number 1522.029)
Colleen,
Please enter the disclaimer by EA of BITE-SIZE POTATOES. I am most grateful for your assistance, and efficient addressing of the issue.
Best regards,
Cobby
Cobby J. Shereff
Blumenfield & Shereff, LLP
1001 West Glen Oaks Lane
Suite 110
Mequon, WI 53092
Phone: (262) 241-3400
Fax: (262) 241-3403
Website: www.cbcslaw.com
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From: Dombrow, Colleen [mailto:Colleen.Dombrow@USPTO.GOV]
Sent: Thursday, December 19, 2019 9:13 AM
To: Cobby J. Shereff <Shereff@cbcslaw.com>
Subject: Official Correspondence from the US Patent and Trademark Office regarding US Trademark Application SN 88639969, TASTEFUL SELECTIONS BITE-SIZE POTATOES (your docket number 1522.029)
Attorney Shereff:
I am the Examining Attorney from the U.S. Patent and Trademark Office that has been assigned to review the application you filed for trademark protection, Application Serial No. 88639969, for the mark TASTEFUL SELECTIONS BITE-SIZE POTATOES, your docket number 1522.029.
I have reviewed your December 18, 2019 incoming response and the requirements for a new drawing and an amended color claim and mark description have been satisfied. There is one issue that remains in the application that can be resolved simply via an examiner’s amendment.
Requirement:
1) Disclaimer:
You have entered a disclaimer of the wording “BITE-SIZED POTATOES”, but the wording in the mark is BITE-SIZE POTATOES”. May I amend the disclaimer statement as follows:
No claim is made to the exclusive right to use “BITE-SIZE POTATOES” apart from the mark as shown
Please let me know if this amendment is acceptable. If so I will issue an Examiner’s Amendment, make the changes to the application and move the application forward. If the amendment is not acceptable or if you have further questions, please feel free to email me at the below email address.
I must take action on your application by 5pm EST on Monday, January 6. If I do not hear from you regarding the above mentioned requirement by that time, I will issue a Final Office Action with the information contained therein and you will have six (6) months to respond or file an Appeal. If you need additional time to respond to this email, please let me know.
Sincerely,
Colleen
/Colleen Dombrow/
Trademark Attorney
US Patent and Trademark Office
Law Office 101
571-272-8262