NOTE TO THE FILE
Sent to TICRS as Serial Number: 90161247SERIAL NUMBER: 90161194
DATE: 01/16/2021
NAME: ezaskoda
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 TRADEUPSX 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: Ownership of 5113034, 5117976 and 5090875
Dear Erin:
The proposed amendments are acceptable. Please enter via EA. Thank you.
Ben
Sent from my iPhone
On Jan 15, 2021, at 7:21 PM, Zaskoda Dyer, Erin <Erin.Dyer@uspto.gov> wrote:
Dear Mr. Koemm,
Hello. My name is Erin and I am the trademark examining attorney with the United States Patent & Trademark Office that has been assigned to the above-referenced cases. During the course of my initial review, there are a few issues we must resolve before the applications can move forward/be approved for publication:
L&R DISTRIBUTORS
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “DISTRIBUTORS” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “DISTRIBUTORS” apart from the mark as shown.”
Please let me know if the following is acceptable.
Specimen URL Access Date
With respect to the specimen, although the specimen is otherwise acceptable, specimens where webpages are used to support use in commerce are required to have the access date as part of the record. Unfortunately, we cannot obtain such access information in the form of an Examiner’s Amendment; rather, it must be provided in a formal response to the Office Action.
Thus, if the disclaimer is acceptable to you, I can submit an Examiner’s Amendment/Priority Action, where the Examiner’s Amendment will reflect your agreement to the disclaimer and a Priority Action, where you will have up to six months to respond and provide the access date of the webpages used for submission as specimens.
LR LOGISTICS
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “LOGISTICS” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “LOGISTICS” apart from the mark as shown.”
Please let me know if the following is acceptable.
Identification of Services
With respect to the “providing distribution services for 3rd parties such as manufacturers,” such language is too broad and could potentially encompass services in more than one class. Please let me know if the following proposed amendment is acceptable/accurate:
“Distributorship services in the field of a wide variety of consumer goods of others; Wholesale store services featuring a wide variety of consumer goods of others; Providing distribution services for 3rd parties such as manufacturers in the nature of reseller services, namely, distributorship services in the field of a wide variety of consumers goods of others,” in International Class 35.
LR LOGISTICAL SOLUTIONS & Design
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “LOGISTICAL SOLUTIONS” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “LOGISTICAL SOLUTIONS” apart from the mark as shown.”
Please let me know if the following is acceptable.
Identification of Services
With respect to the “providing distribution services for 3rd parties such as manufacturers,” such language is too broad and could potentially encompass services in more than one class. Please let me know if the following proposed amendment is acceptable/accurate:
“Distributorship services in the field of a wide variety of consumer goods of others; Wholesale store services featuring a wide variety of consumer goods of others; Providing distribution services for 3rd parties such as manufacturers in the nature of reseller services, namely, distributorship services in the field of a wide variety of consumers goods of others,” in International Class 35.
Mark Description
With respect to the mark description, we need to make a few amendments to make such description complete. Please let me know if the following proposed amendment is acceptable/accurate:
“The mark consists of “LR LOGISTICAL SOLUTIONS” in stylized font. “LR LOGISTICAL” appears above “SOLUTIONS”. “SOLUTIONS” appears between two horizontal lines. Above “LR LOGISTICAL SOLUTIONS” is a geometric design comprised of ten squares with two squares on the top of the design, and four squares each on two separate lines below the top of the design with shading within the squares forming two outward curved lines.”
LR MERCHANDISING & LR MERCHANDISING SERVICES & design
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “MERCHANDISING” and “MERCHANDISING SERVICES” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “MERCHANDISING” apart from the mark as shown.”
“No claim is made to the exclusive right to use “MERCHANDISING SERVICES” apart from the mark as shown.”
Please let me know if the following is acceptable.
Identification of Services
With respect to the “providing in-store merchandising services for retailers, including order writing, product pack out, and retail store department resets,” some of the language is indefinite and/or too broad and could potentially encompass services in more than one Class. Please let me know if the following proposed amendment is acceptable/accurate:
“Business consultancy services; Providing in-store product merchandising services for retailers, including order fulfillment services in the nature of order writing, product pack out, and retail store department resets in the nature of inventory display and shelf arrangement for others,” in International Class 35.
LR FULFILLMENT SERVICES
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “FULFILLMENT SERVICES” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “FULFILLMENT SERVICES” apart from the mark as shown.”
Please let me know if the following is acceptable.
Identification of Services
With respect to the “direct to consumer, blind drop shipping of product for various websites and marketplaces” and “fulfillment services using retailer’s or e-tailer’s logo, packing material,” some of the language is indefinite and/or too broad and could potentially encompass services in more than one class. Please let me know if the following proposed amendment is acceptable/accurate:
“Fulfillment of orders for others; business management services, namely, supply chain logistics in the nature of direct to consumer, blind drop shipping of product for others for various websites and marketplaces; order fulfillment services using third party retailer's or e-tailer's logos, packing material,” in International Class 35.
LR FULFILLMENT SERVICES & design
Disclaimer
We will need to submit a disclaimer of the descriptive wording in the mark, i.e., “FULFILLMENT SERVICES” in connection with the identified services into the record in the following format:
“No claim is made to the exclusive right to use “FULFILLMENT SERVICES” apart from the mark as shown.”
Please let me know if the following is acceptable.
Identification of Services
With respect to the “direct to consumer, blind drop shipping of product for various websites and marketplaces” and “fulfillment services using retailer’s or e-tailer’s logo, packing material,” some of the language is indefinite and/or too broad and could potentially encompass services in more than one class. Please let me know if the following proposed amendment is acceptable/accurate:
“Fulfillment of orders for others; business management services, namely, supply chain logistics in the nature of direct to consumer, blind drop shipping of product for others for various websites and marketplaces; order fulfillment services using third party retailer's or e-tailer's logos, packing material,” in International Class 35.
Mark Description
With respect to the mark description, we need to make a few amendments to make such description complete. Please let me know if the following proposed amendment is acceptable/accurate:
“The mark consists of “LR FULFILLMENT SERVICES” in stylized font. “LR” appears within a broken circle and is part of a depiction of a box. Below “LR” appears “FULFILLMENT SERVICES” which makes up the bottom third of the circle.”
If you have any other questions, please let me know. Otherwise, I look forward to hearing from you as soon as is possible.
Best,
Erin