NOTE TO THE FILE
SERIAL NUMBER: 90141977
DATE: 01/11/2021
NAME: lrichards
NOTE:
Searched:
X Google
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: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
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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.
- 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.
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
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.