NOTE TO THE FILE
SERIAL NUMBER: 88751076
DATE: 03/30/2020
NAME: dbrookshire
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 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:From: Ian Saffer <Ian@AdseroIP.com>
Sent: Monday, March 30, 2020 4:01 PM
To: Brookshire, David <David.Brookshire@USPTO.GOV>; Alla Meyer <AMeyer@adseroip.com>
Subject: RE: DISH SCAPES - Trademark Application Serial No. 88751076
Mr. Brookshire,
Applicant agrees to the following Section 2(f) claim without admission pursuant to TMEP 1212.02(c):
The word “DISH” in the mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No. 5543595 on the Principal Register for the same mark for sufficiently similar services.
With regard to the services description, Applicant agrees to amend as follows:
entertainment services in the nature of providing non-downloadable multi-media entertainment content via the Internet and electronic communications networks, namely, providing continuing non-downloadable movies, television show series, television programs and video clip segments featuring music, natural sounds, geography, natural landscapes, travel, and natural history.
Please address these issues via Examiner’s amendment if possible, or alternatively please let me know what else you need from us. Thank you. Best regards,
Ian
Ian Saffer
Adsero IP | 8210 Southpark Terrace, Littleton, CO 80120
P +1 303.268.0066 | E ian@AdseroIP.com
www.AdseroIP.com | my profile
This message and any attachments may contain privileged and/or confidential information. If you are not the intended recipient, any use or distribution is prohibited and may be unlawful. Please notify us immediately by return e-mail and delete this message.
From: Ian Saffer
Sent: Saturday, March 28, 2020 2:20 PM
To: David.Brookshire@USPTO.GOV; Alla Meyer <AMeyer@adseroip.com>
Subject: RE: DISH SCAPES - Trademark Application Serial No. 88751076
Mr. Brookshire,
Receipt confirmed. We are working on the issues with our client and will circle back to you. Thank you. Best regards,
Ian
Ian Saffer
Adsero IP | 8210 Southpark Terrace, Littleton, CO 80120
P +1 303.268.0066 | E ian@AdseroIP.com
www.AdseroIP.com | my profile
This message and any attachments may contain privileged and/or confidential information. If you are not the intended recipient, any use or distribution is prohibited and may be unlawful. Please notify us immediately by return e-mail and delete this message.
From: Pam Payne <PPayne@AdseroIP.com>
Sent: Friday, March 27, 2020 2:10 PM
To: Ian Saffer <Ian@AdseroIP.com>; Alla Meyer <AMeyer@adseroip.com>
Subject: FW: DISH SCAPES - Trademark Application Serial No. 88751076
From: Brookshire, David <David.Brookshire@USPTO.GOV>
Sent: Friday, March 27, 2020 2:00 PM
To: EFS <efs@sbiplaw.com>
Subject: DISH SCAPES - Trademark Application Serial No. 88751076
Dear Ian L. Saffer,
I am the trademark examiner assigned to the mark DISH SCAPES in Trademark Application Serial No. 88751076. There are two issues with the application that must be addressed before it can proceed.
The first issue is that DISH is descriptive. Therefore this word must be disclaimed or alternatively applicant may enter in partial Section 2(f) statement based on Registration No. 5543595.
In addition the wording “entertainment services in the nature of providing non-downloadable multi-media entertainment content via the Internet and electronic communications networks, namely, providing continuing non-downloadable movies, television show series, television programs and video clip segments” is vague. Applicant must identify the subject matter of these products or clarify that they are provided via an on-demand service.
If you let me know how you would like to address these issues I can enter in the changes via an examiner’s amendment at which point the application should be in condition for publication.
Regards,
David Brookshire
Examining Attorney
Law Office 114
(571) 272-7991