Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

EXAMINER’S AMENDMENT

 

Issue date:  January 23, 2020

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by applicant’s attorney, Jennifer Ashton, on January 23, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.

 

 

DISCLAIMER

 

The following disclaimer statement is added to the record:

 

No claim is made to the exclusive right to use “FILL LINE”, “REUSABLE FLY TRAP”, and “CONTAINS FLY TRAP ATTRACTANT” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

 

AMENDED DESCRIPTION OF MARK

 

The following description of the mark replaces the current description of record:

 

The mark consists of a two-dimensional design applied to packaging for the goods.  The left side of the mark has the black stylized words “Fill Line” and a black dash about two-thirds up the left side of a rectangle.  Next to the dash is a solid black vertical line forming the left side of the rectangle.  At the bottom of the rectangle is a light green horizontal band.  Above it is a thin white stripe.  Above the white stripe is a dark green band.  Above the dark green band is a thin white stripe.  Above the second thin white line is a black field with an arc beginning at the left end of the second white line and ending on the right side of the rectangle about one third the way down from the top edge.  Above the black field is a dark green band filling in the rest of the rectangle.  In the black field are the white stylized words “FLY TRAP”.  To the left of those words is a dark green box outlined in black that extends from the left edge of the rectangle into the black field.  In that box is the stylized white word “REUSABLE”.  In the lower right corner of the rectangle is a stylized drawing of a large black fly on a white background.  To the right of the fly is a solid black vertical line.  In the white field next to the vertical line at the top are the black stylized words “Contains Fly Trap Attractant”.  To the right of the words is another black vertical line.  The dashes are not part of the mark but represent the size of the complete label.  Except where specifically described, white in the mark represents background, shading, outlining, and/or transparent areas and is not otherwise claimed as a feature of the mark.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

/Steven W. Ferrell Jr./

Examining Attorney

Law Office 121

(571) 270-3424

steven.ferrell@uspto.gov

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 23, 2020 for

U.S. Trademark Application Serial No. 88656934

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Steven W. Ferrell Jr./

Examining Attorney

Law Office 121

(571) 270-3424

steven.ferrell@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”