NOTE TO THE FILE
SERIAL NUMBER: 88733503
DATE: 03/18/2020
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: Gregory Brescia <gbrescia@grsm.com>
Sent: Wednesday, March 18, 2020 12:07 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: RE: TM Application for "BLAST" (serial no. 88733503)
You can use the inverted drawing that you prepared as we do not want to claim color as a feature.
Gregory N. Brescia | Senior Counsel
GORDON REES SCULLY MANSUKHANI
YOUR 50 STATE PARTNER™
500 Mamaroneck Ave., Suite 503
Harrison, NY 10528
D: 914-777-2215 | gbrescia@grsm.com
From: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Sent: Wednesday, March 18, 2020 12:06 PM
To: Gregory Brescia <gbrescia@grsm.com>
Subject: RE: TM Application for "BLAST" (serial no. 88733503)
Mr. Brescia,
Would you like me to adopt the amended drawing and keep the mark description as is then?
Thanks!
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.
From: Gregory Brescia <gbrescia@grsm.com>
Sent: Wednesday, March 18, 2020 12:00 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: RE: TM Application for "BLAST" (serial no. 88733503)
Dear Examiner Ray,
Thank you for your message. I hope that you are doing well.
Please proceed with the suggested edits to the ID and the Drawing requirement. Thank you for your valued time and assistance.
Best Regards,
Greg
Gregory N. Brescia | Senior Counsel
GORDON REES SCULLY MANSUKHANI
YOUR 50 STATE PARTNER™
500 Mamaroneck Ave., Suite 503
Harrison, NY 10528
D: 914-777-2215 | gbrescia@grsm.com
From: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Sent: Wednesday, March 18, 2020 11:57 AM
To: Gregory Brescia <gbrescia@grsm.com>
Cc: Intellectual Property Docketing <IPDocket@grsm.com>
Subject: TM Application for "BLAST" (serial no. 88733503)
This email is intended for Gregory N. Brescia and/or any authorized party
United States Trademark Application Serial No. 88733503 — “BLAST”
Dear Mr. Brescia,
I am the trademark examining attorney at the United States Patent and Trademark Office reviewing your above-referenced trademark application, and I wanted to discuss the following issues with you.
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:
“Electronic smoking oral vaporizers for smokers; oral vaporizers for smokers; smokeless cigarette vaporizer pipes; disposable electronic smoking oral vaporizers; disposable oral vaporizers for smokers; disposable smokeless cigarette vaporizer pipes”
Mark Description/Mark Drawing Requirement: Marks not claiming color as a feature should appear in black on white backgrounds. Accordingly, I can adopt the attached inverted version of your mark drawing. Alternately, you can keep the current mark drawing, but will need to amend the mark description to include the following line at the end: “All of the forgoing appears in white on a black background that is not claimed as a feature of the mark but merely shows contrast. Please let me know if one of these is acceptable.
If you agree to the amendments above, I can make the change for you via an Examiner’s Amendment and the application 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.
This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies.
GORDON REES SCULLY MANSUKHANI, LLP
YOUR 50 STATE PARTNER®
http://www.grsm.com