Notation to File

O

OXii Inc.

RE: 88843331 O - proposed amendments to trademark application [Official USPTO Correspondence]

NOTE TO THE FILE

SERIAL NUMBER: 88843331

DATE:    06/16/2020

NAME: brosen

NOTE:

Searched:
     Google
     Lexis/Nexis
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:
     Geographic significance
     Surname
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search      X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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:

X   OTHER:

From: Rosen, Benjamin
Sent: Tuesday, June 16, 2020 11:54 AM
To: Keith Wright <oxyvol2@gmail.com>
Subject: RE: 88843331 O - proposed amendments to trademark application [Official USPTO Correspondence]

Thank you for the response. I will enter the change as agreed.

In terms of your supplemental request regarding the “FLOW” nickname, you may, in your own time, refer to this graphical logo with any nickname you’d like.

But in terms of this actual federal registration that you are seeking, you will not be able to get any rights in the mark beyond the image itself. In other words, if/when this becomes a federal registration, your trademark will be for the image you filed as the mark drawing and it will not include any supplemental nickname, such as FLOW. The mark description is merely there to give a simply verbal description of what is plainly visible – not any legal or interpretive information, such a nickname or an intended perception.

But again, if that is what you want to call your logo (or have your customers call your logo), the fact that the wording FLOW is not part of your trademark does not prevent you from calling this your FLOW logo. That’s entirely your call.

Regards,

Ben

Benjamin Rosen

United States Patent and Trademark Office

Trademark Examining Attorney

571-272-8425

benjamin.rosen@uspto.gov

Please be aware 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, 709.05, 709.06.

From: Keith Wright <oxyvol2@gmail.com>
Sent: Monday, June 15, 2020 10:32 PM
To: Rosen, Benjamin <Benjamin.Rosen@USPTO.GOV>
Subject: Re: 88843331 O - proposed amendments to trademark application [Official USPTO Correspondence]

Good evening , Benjamin

We accept the change recommended

so as to move our application forward .

There is also one thing that we would like to add if it’s possible. We would like to name this logo FLOW .

Thanks in advance for your your timely response as We look forward for your reply.

Regards,

O’Neil Wright and Keith Wright

OXii Inc

On Mon, Jun 15, 2020 at 8:32 PM Rosen, Benjamin <Benjamin.Rosen@uspto.gov> wrote:

Hello Oneil Wright and Keith Wright,0

I am the trademark examiner for the above captioned file. I am writing to propose certain changes that would resolve outstanding issues and would allow me to move this trademark application forward. They are as follows:

COLOR CLAIM and MARK DESCRIPTION

I am proposing the following amended mark description and color claim:

Mark Description: The mark consists of a stylized letter “O” that is formed by many much smaller solid blue circles.

Color Claim: The color blue is claimed as a feature of the mark.

Your current description does not actually describe the mark and the current color claim unnecessarily includes white even though there are no white elements, only a white background.

ENTITY

I am proposing that we correct your entity to: OXii Inc, a Georgia Corporation

Oneil Wright and Keith Wright are not corporations themselves (which is what is written currently) - they are individual people, who most likely are the owners or controllers of the corporation.

If these changes are acceptable, please just respond back with your authorization. Please ensure that any reply email includes both your names in the signature block.

If I do not hear back from this email within 3 business days, I will instead have to issue an Office Action. Please feel free to contact me to discuss or if you have any questions. Thank you very much for your attention to this matter.

Regards,

Ben

Benjamin Rosen

United States Patent and Trademark Office

Trademark Examining Attorney

571-272-8425

benjamin.rosen@uspto.gov

Please be aware 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, 709.05, 709.06.

--

Regard

Keith A. Wright