Notation to File

ELITE

St. Louis Eagles Basketball Club

RE: U.S. Trademark Application Serial No. 90141977 ELITE BBE   Hello Leslie – thank you very much for reaching out to me on this. We are happy to accept the examiner’s amendment and disclaim ELITE as you suggest.   Please let me know if you need any additional information.   Thanks again, Pete       Pete Salsich, III Capes Sokol • Of Counsel T 314.505.5452 • F 314.505.5453 • M 314.494.5330 8182 Maryland Avenue, Fifteenth Floor • St. Louis, Missouri 63105 CONFIDENTIALITY NOTICE: The materials enclosed with this email transmission are private and confidential. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this emailed information is strictly prohibited. If you have received this email transmission in error, please immediately notify us either by telephone or by email to arrange for return of the emailed information to us.  

NOTE TO THE FILE


SERIAL NUMBER:            90141977

DATE:                                01/11/2021

NAME:                               lrichards

NOTE:         

Searched:                                                             
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     Wikipedia
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     Other:

Checked:                                                             
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Discussed file with
Attorney/Applicant via:
        phone                               Left message with
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     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: EMAIL:

 

From: Pete Salsich, III <salsich@capessokol.com>
Sent: Monday, January 11, 2021 1:13 PM
To: Richards, Leslie <leslie.richards@USPTO.GOV>
Cc: Trademarks <Trademarks@capessokol.com>
Subject: RE: U.S. Trademark Application Serial No. 90141977 ELITE BBE

 

Hello Leslie – thank you very much for reaching out to me on this. We are happy to accept the examiner’s amendment and disclaim ELITE as you suggest.

 

Please let me know if you need any additional information.

 

Thanks again,

Pete

 

 


 

Pete Salsich, III

Capes Sokol  Of Counsel

T 314.505.5452 F 314.505.5453 M 314.494.5330

8182 Maryland Avenue, Fifteenth Floor St. Louis, Missouri 63105

CONFIDENTIALITY NOTICE: The materials enclosed with this email transmission are private and confidential. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this emailed information is strictly prohibited. If you have received this email transmission in error, please immediately notify us either by telephone or by email to arrange for return of the emailed information to us.

 

From: Richards, Leslie <leslie.richards@USPTO.GOV>
Sent: Monday, January 11, 2021 11:00 AM
To: Pete Salsich, III <
salsich@capessokol.com>
Subject: U.S. Trademark Application Serial No. 90141977 ELITE BBE

 

Dear Mr. Salsich,

 

The trademark application referenced above has been assigned to me as the Trademark Examining Attorney representing the United States Patent and Trademark Office.  I have examined the application, and I am writing this e-mail in hopes that we may take care of the issue(s) via Examiner's amendment. 

 

  1. A disclaimer of the wording ELITE is required because it is merely descriptive in relation to youth basketball programs as it describes a high level of competition.  As such, it is merely a descriptive term of art in relation to youth basketball. 

 

A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark.  A disclaimer does not physically remove the disclaimed matter from the mark or otherwise affect the appearance of the mark.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d at 979, 144 USPQ2d at 433; TMEP §1213.

 

 The disclaimer will read as follows:

 

No claim is made to the exclusive right to use ELITE apart from the mark as shown.

 

The application is otherwise in condition for publication.  Therefore, with your authorization, I can enter the disclaimer via Examiner’s amendment.  Please let me know if this is acceptable.

 

Thank you,

Leslie

 

 

Ms. Leslie Richards

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 106

571-272-1256 phone

leslie.richards@uspto.gov

 

E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to Office actions by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

 


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