NOTE TO THE FILE
Sent to TICRS as Serial Number: 88647473SERIAL NUMBER: 88662567
DATE: 12/05/2019
NAME: kray
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: Nicholas D. Wells <nwells@legendslaw.com>
Sent: Wednesday, December 4, 2019 3:44 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: RE: TM Applications for “FRONTIER STYLE”, “FRONTIER FLOUR”, “FUEL FOR YOUR FRONTIER”, “CREAM OF POWER”, “GRIZZLY GRAHAMS”
Thank you, Kim.
Your proposed disclaimers and revised ID are all fine. Please proceed by Examiner’s amendment.
Kind regards,
Nicholas
Nicholas D. Wells, Partner
LEGENDS LAW GROUP, PLLC
330 N. Main St.
Kaysville, Utah 84037USA
P: +1 801-337-4500
nwells@legendslaw.com
www.legendslaw.com
CONFIDENTIALITY NOTICE: This communication is confidential and may contain attorney-client privileged information. If you are not the intended recipient or believe that you have received this communication in error, please do not print, copy, re-transmit, disseminate, or otherwise use this information. Also, please indicate to the sender by reply e-mail that you have received this e-mail in error, and delete the copy you received. Thank you.
From: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Sent: Wednesday, December 4, 2019 1:39 PM
To: Nicholas D. Wells <nwells@legendslaw.com>
Cc: Legends Law Docket <docket@legendslaw.com>
Subject: TM Applications for “FRONTIER STYLE”, “FRONTIER FLOUR”, “FUEL FOR YOUR FRONTIER”, “CREAM OF POWER”, “GRIZZLY GRAHAMS”
This email is intended for Nicholas D. Wells and/or any authorized party
United States Trademark Applications:
- Serial No. 88599844 — “FRONTIER STYLE”
- Serial No. 88599775 — “FRONTIER FLOUR”
- Serial No. 88599834 — “FUEL FOR YOUR FRONTIER”
- Serial No. 88647473— “CREAM OF POWER”
- Serial No. 88662567— “GRIZZLY GRAHAMS”
Dear Mr. Wells,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your above-referenced trademark applications, and I wanted to discuss the following requirements with you:
ALL Applications - Disclaimer Requirement: Certain words in the marks are descriptive and therefore should be disclaimed because it appears to be descriptive of your goods. The following disclaimer statements should be added to the records as follows:
Serial No. 88599844 — “FRONTIER STYLE”
No claim is made to the exclusive right to use “STYLE” apart from the mark as shown.
Serial No. 88599775 — “FRONTIER FLOUR”
No claim is made to the exclusive right to use “FLOUR” apart from the mark as shown.
Serial No. 88599834 — “FUEL FOR YOUR FRONTIER”
No claim is made to the exclusive right to use “FUEL” apart from the mark as shown.
Serial No. 88647473— “CREAM OF POWER”
No claim is made to the exclusive right to use “CREAM” apart from the mark as shown.
Serial No. 88662567— “GRIZZLY GRAHAMS”
No claim is made to the exclusive right to use “GRAHAMS” apart from the mark as shown.
Serial No. 88647473— “CREAM OF POWER” - Identification of Goods: The application required amendments to the identification of goods because the current language is unacceptably indefinite. If the changes below, with amended language in underlined font, are acceptable, I will issue an examiner's amendment accordingly:
“Breakfast cereals; processed grains; hot processed cereal; farina; mixes for bakery goods; dry mixes for grain-based snacks; Pancake mixes; waffle mixes; cookie mixes; cake mixes; cupcakes mixes; brownie mixes; cornbread mixes; bread mixes; mixes for grain-based pastries; muffin mixes; waffles; cookies; graham crackers; brownies; cornbread; bread; muffins; pretzels; cupcakes; cakes; pastries; pudding; French toast; granola; Grain-based food bars, snack bars, and bite-sized snacks; Cereal based energy bars; Snack cakes; Grain-based snack foods”
If you agree to the amendments, I can make the changes for you via an Examiner’s Amendment and the applications may proceed toward registration.
Please feel free to call or email me to discuss these issues further. Thank you!
Sincerely,
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.