NOTE TO THE FILE
SERIAL NUMBER: 88761417
DATE: 05/06/2020
NAME: jburch
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
X Changed TRADEUPS to: add Disclaimer; amend Color Claim & Mark DescriptionX OTHER: applicants' signatures in correspondence attached to EA
From: Alexander Lee <angrychickencs@gmail.com>
Sent: Thursday, April 30, 2020 5:18 PM
To: Burch, Jillian <Jillian.Burch@USPTO.GOV>
Subject: Re: U.S. TRADEMARK APPLICATION NO. 88761417 (“ANGRY CHICKEN”)
Here you go. Thanks!
On Mon, Apr 6, 2020 at 1:36 PM Burch, Jillian <Jillian.Burch@uspto.gov> wrote:
This email is intended for Alexander Lee and Sang Kuk Park
United States Trademark Application Serial No. 88761417 (“ANGRY CHICKEN”)
Good afternoon,
I am the assigned trademark examining attorney for the above-referenced application. As of now there are two outstanding issues with the application:
1) Disclaimer – the word “CHICKEN” must be disclaimed because it is merely descriptive of applicants’ services. For clarification about what a “disclaimer” means: This wording is descriptive of the applied-for goods or services in your application. An applicant may not claim exclusive rights to terms or designs that others may need to use to describe or show their goods or services in the marketplace. A disclaimer does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. For additional information, please see http://www.gov.uspto.report/trademark/laws-regulations/how-satisfy-disclaimer-requirement
2) Color Claim & Mark Description – the color claim and mark description must be updated for accuracy and in order to meet USPTO requirement.
If the changes below are acceptable, I will issue an examiner's amendment and move the application towards publication accordingly:
DISCLAIMER
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “CHICKEN” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(c), 1213.08(a)(i).
COLOR CLAIM & MARK DESCRIPTION
The colors black, red, orange, gray, yellow, and white are claimed as a feature of the mark.
The mark consists of the wording “ANGRY CHICKEN” in stylized text where “ANGRY” appears above the top of the letter “C” in chicken. The word “ANGRY” appears outlined in black and white and shaded in red, orange, and yellow, and the word “CHICKEN” appears in black. Lines depicting flames and feathers appear in orange, yellow, red, and gray, emanating from the stylized wording to the right of the design. A stylized chicken design outlined in black and shaded in orange, red, gray, and white, faces away from the wording and forms the curve of the letter “C” of “CHICKEN”.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).
Please let me know by phone or email as soon as possible. how you would like to proceed or if you have any questions about the application. Also, please note that approval must be received from both individual applicants, Alexander Lee and Sang Kuk Park.
Thank you!
Jillian Renee Burch
Trademark Examining Attorney
Law Office 128
571-272-3384
--
Alexander T. Lee
General Manager
Angry Chicken®
1869 S Nevada Ave
Colorado Springs, CO 80905
719.896.9985
Website: http://www.angrychickencs.com/
Facebook: http://www.facebook.com/angrychickencs
Instagram: http://www.instagram.com/angrychickencs/
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