Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  September 14, 2021

 

 

Application has been amended as shown below.  As agreed to by Eric Strum, co-counsel for applicant, on September 14, 2021, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.

 

COLOR CLAIM AND MARK DESCRIPTION

 

The following statements describing color in the mark replace the current description of color in the mark of record:

 

The color(s) blue, red, grey and white is/are claimed as a feature of the mark.

 

The mark consists of "ROLAV" in white stylized letters. The "R" has blue and white stars and red and white stripes that form a stylized American flag with a grey and white Eagle placed below. Below "ROLAV" is "EXPERT HIGH VELOCITY CARTRIDGES" in stylized white letters. The black background is used to show contrast and represents transparent area that is not part of the mark.

 

37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).

 

 

/Robert Andrew Cohen/

Trademark Examining Attorney

Law Office 103

(571) 279-1389

robert.cohen@uspto.gov

 

 

 

From:   Eric S. Strum <Estrum@lmiplaw.com>

Sent:    Tuesday, September 14, 2021 12:52 PM

To:       Cohen, Robert

Cc:       info@lmiplaw.com; Elizabeth Lee D'Amore

Subject:           RE: OFFICIAL USPTO COMMUNICATION - REPLY NEEDED, Trademark Application Serial No.: 90202785, (“ROLAV EXPERT HIGH VELOCITY CARTRIDGES”)

 

 

Dear Examining Attorney Cohen,

 

Thank you for your email.

 

We accept your proposed amendments to the color claim and mark description.

 

We look forward to receiving the Examiner’s Amendment.  Thank you.

 

Sincerely,

 

Eric Strum | Associate

 

30 Broad Street, 21st Floor, New York, NY 10004

Tel: (+1) 212 661 8000

 

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From: Cohen, Robert <Robert.Cohen@USPTO.GOV> 

Sent: Tuesday, September 14, 2021 11:07 AM

To: Info <info@lmiplaw.com>; Elizabeth Lee D'Amore <eld@lmiplaw.com>

Subject: OFFICIAL USPTO COMMUNICATION - REPLY NEEDED, Trademark Application Serial No.: 90202785, (“ROLAV EXPERT HIGH VELOCITY CARTRIDGES”)

Importance: High

 

Ms. D’Amore,

 

I have had a chance to review the statement of use on the application to register the mark “ROLAV

EXPERT HIGH VELOCITY CARTRIDGES”, (Serial No.: 90202785 / your docket no.: CUC-270-TM).  There appears to be a specimen – drawing mismatch issue as the specimens do not have the mark set on a

black background, as claimed and described in the application.  In order to approve the statement of

use, I’d like to propose the following suggested wording for the color claim and mark description:

 

Color Claim:  The color(s) blue, red, grey and white is/are claimed as a feature of the mark.

 

Mark Description:  The mark consists of "ROLAV" in white stylized letters. The "R" has blue and white

stars and red and white stripes that form a stylized American flag with a grey and white Eagle placed

below. Below "ROLAV" is "EXPERT HIGH VELOCITY CARTRIDGES" in stylized white letters. The black background is used to show contrast and represents transparent area that is not part of the mark.

 

If the proposed color claim and mark description are acceptable, kindly reply by email or phone

indicating as such, on or before the close of business this coming Friday and the changes may be entered

by Examiner’s amendment.  If no reply is received, an Office action refusing registration based on a

specimen – drawing mismatch will have to be issued.

 

If you have any questions, please do not hesitate to ask.

 

Sincerely,

 

 

/Robert Cohen/

 

 

 

Robert A. Cohen

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 103

P: (571) 270-1389

E:  robert.cohen@uspto.gov

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 14, 2021 for

U.S. Trademark Application Serial No. 90202785

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Robert Andrew Cohen/

Trademark Examining Attorney

Law Office 103

(571) 279-1389

robert.cohen@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”