NOTE TO THE FILE
Sent to TICRS as Serial Number: 88750242SERIAL NUMBER: 88750228
DATE: 09/01/2020
NAME: gmurray1
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
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 TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:Completely acceptable. Thank you for the reminder and suggestion. We are OK with proceeding with an Examiner’s amendment. Thank you, George.
Greg
From: "Murray Jr., George" <George.Murray@USPTO.GOV>
Date: Tuesday, September 1, 2020 at 10:54 AM
To: "Nelson@weeksnelson.com" <nelson@weeksnelson.com>
Cc: Weeks Nelson IP <ip@weeksnelson.com>
Subject: RE: YES applications (Serial Nos. 88/750,228 and 88/750,242)
Hi Greg,
Thank you for the message. With the prior registration – 4,670,521 being canceled the only outstanding issue in both of the applications is the mark description requirement. This is an issue we can fix over email. I would just need your permission to amend the mark descriptions to the suggested language below:
For SN 88750242: The mark consists of the stylized letters “y” in purple fading to red and orange, “e” in orange fading to yellow, and “s” in yellow fading to orange and purple with a divided heart shape solid red on the right half and the left half outlined in red with a centered red dot on a white background located between and at the base of the letters “e” and “s” and the stylized words "How it all begins." in purple underneath. The remaining color white in the mark is merely background and not a claimed feature.
For SN 88750228: The mark consists of the stylized letters “y” in purple fading to red and orange, “e” in orange fading to yellow, and “s” in yellow fading to orange and purple with a divided heart shape solid red on the right half and the left half outlined in red with a centered red dot on a white background located between and at the base of the letters “e” and “s”. The remaining color white in the mark is merely background and not a claimed feature.
If these amendments are acceptable I will get them entered with an examiner’s amendment and keep the marks moving forward to publication.
Best,
/George Murray/
Trademark Examining Attorney
Law Office 121
(571) 270-5101
From: Greg Nelson <nelson@weeksnelson.com>
Sent: Monday, August 31, 2020 7:32 PM
To: Murray Jr., George <George.Murray@USPTO.GOV>
Cc: Weeks Nelson IP <ip@weeksnelson.com>
Subject: YES applications (Serial Nos. 88/750,228 and 88/750,242)
Mr. Murray,
I represent the applicant, Friedwheat, in the two applications above. Both were refused based on the prior registration – 4,670,521. We successfully cancelled that mark. For your ease, please see:
Based on this cancelation, it would appear that the grounds for refusal is now moot. Do you want us to submit a response to the Office Action based on this, or is it possible to move in an easier means, such as a withdrawal of the office action refusal? We will follow whatever advice you suggest.
Thank you in advance, and please feel free to call or email me with any questions.
Greg Nelson
Gregory Nelson
WEEKS NELSON
17065 Via Del Campo, Suite 101
San Diego, CA 92127
O:(858) 794-2140
D: (858) 794-2143
Fax: (858) 794-2141