Notation to File

FILL LINE, REUSABLE FLY TRAP CONTAINS FLY TRAP ATTRACTANT

Sterling International Inc.

USPTO Trademark Application: 88656934 FILL LINE REUSABLE FLY TRAP CONTAINS FLY TRAP ATTRACTANT (Your Docket No. STIL-2-59208) Steven, Thank you for your email. Please proceed with your recommended revisions, namely, the following: Disclaimer Please enter the following disclaimer: “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.” Description Please revise the description to read as follows: 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. Should you need anything further, please feel free to contact me. All the best, Jennifer Ashton Of Counsel Christensen O'Connor Johnson Kindness PLLC T 206-695-1614 E jennifer.ashton@cojk.comwww.cojk.com PRIVILEGED and CONFIDENTIAL. If you received this e-mail in error, please advise the sender and permanently delete the message, including all attachments, without copying or disclosing the contents. Thank you. From: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV> Sent: Thursday, January 23, 2020 5:20 AM To: Efiling <Efiling.Efiling@cojk.com>; Jennifer Ashton <Jennifer.Ashton@cojk.com> Subject: USPTO Trademark Application: 88656934 FILL LINE REUSABLE FLY TRAP CONTAINS FLY TRAP ATTRACTANT (Your Docket No. STIL-2-59208) Good Morning Jennifer R. Ashton, I am reviewing the above referenced application for your client, Sterling International Inc. In review of this application there are a couple of issues that can be corrected without the need for an Office action. First, we require a disclaimer of all of the wording in the mark. Specifically, the wording ”FILL LINE” is merely informational matter that indicates where to stop adding liquid to the container; the wording “REUSABLE FLY TRAP” is merely descriptive of applicant’s goods which are reusable fly traps; and the wording “CONTAINS FLY TRAP ATTRACTANT” is merely informational matter that indicates what is in the container. The suggested disclaimer would read: “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.” Please let me know if you would approve of my adding the disclaimer as described. Second, we require an amended description of the mark for completion and clarity. The suggested description of the mark would read, with suggested changes underlined: The mark consists of a two-dimensional design appli

NOTE TO THE FILE

SERIAL NUMBER: 88656934

DATE:    01/23/2020

NAME: sferrell

NOTE:

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search      X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

From: Jennifer Ashton <Jennifer.Ashton@cojk.com>
Sent: Thursday, January 23, 2020 2:00 PM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Cc: Katherine Temer <katherine.temer@cojk.com>
Subject: USPTO Trademark Application: 88656934 FILL LINE REUSABLE FLY TRAP CONTAINS FLY TRAP ATTRACTANT (Your Docket No. STIL-2-59208)

Steven,

Thank you for your email. Please proceed with your recommended revisions, namely, the following:

Disclaimer

Please enter the following disclaimer: “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.”

Description

Please revise the description to read as follows: 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.

Should you need anything further, please feel free to contact me.

All the best,

Jennifer Ashton

Of Counsel
Christensen O'Connor Johnson Kindness PLLC
T 206-695-1614
E jennifer.ashton@cojk.com
www.cojk.com

PRIVILEGED and CONFIDENTIAL. If you received this e-mail in error, please advise the sender and permanently delete the message, including all attachments, without copying or disclosing the contents. Thank you.

From: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Sent: Thursday, January 23, 2020 5:20 AM
To: Efiling <Efiling.Efiling@cojk.com>; Jennifer Ashton <Jennifer.Ashton@cojk.com>
Subject: USPTO Trademark Application: 88656934 FILL LINE REUSABLE FLY TRAP CONTAINS FLY TRAP ATTRACTANT (Your Docket No. STIL-2-59208)

Good Morning Jennifer R. Ashton,

I am reviewing the above referenced application for your client, Sterling International Inc. In review of this application there are a couple of issues that can be corrected without the need for an Office action.

First, we require a disclaimer of all of the wording in the mark. Specifically, the wording ”FILL LINE” is merely informational matter that indicates where to stop adding liquid to the container; the wording “REUSABLE FLY TRAP” is merely descriptive of applicant’s goods which are reusable fly traps; and the wording “CONTAINS FLY TRAP ATTRACTANT” is merely informational matter that indicates what is in the container. The suggested disclaimer would read:

“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.”

Please let me know if you would approve of my adding the disclaimer as described.

Second, we require an amended description of the mark for completion and clarity. The suggested description of the mark would read, with suggested changes underlined:

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.

Please let me know if you would approve of my amending the mark description as described.

In summary, we require the following approvals from you:

1)            Disclaimer as described above.

2)            Amended Description of the Mark as described above.

Approving these changes will place the application in condition for approval for publication.

Please respond no later than 2 PM EST on Monday, January 27, 2019.

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. Thank you.

Respectfully,

/Steven W. Ferrell Jr./

Trademark Examining Attorney

Law Office 121

Phone: (571)270-3424

E-mail: steven.ferrell@uspto.gov

For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.

Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.