NOTE TO THE FILE
SERIAL NUMBER: 90236506
DATE: 03/05/2021
NAME: csolano
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 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:
From: DiBuduo, Marcus <MDIBUDUO@fennemorelaw.com>
Sent: Friday, March 5, 2021 3:04 PM
To: Solano, Carlita <Carlita.Solano@USPTO.GOV>
Cc: ipmail@dowlingaaron.com; Bell, Rita <RBELL@fennemorelaw.com>
Subject: RE: Docket #s 17483.063, 17483.051, 17483.050 & 17483.062 - U.S. Trademark Application Serial Nos. 90236506, 90236510, 90236500 & 90236493 SEQUOIA FARMS
Examining Attorney Solano,
The Applicant, Producers Dairy Foods, Inc., authorizes entry of the following amendments via EA:
- Ser No 90236493: “No claim is made to the exclusive right to use “FARMS” apart from the mark as shown”
- Ser No 90236500: “No claim is made to the exclusive right to use “FARMS” apart from the mark as shown”
- Ser No 90236506: “No claim is made to the exclusive right to use “FARMS” apart from the mark as shown”
- Ser No 90236510: “No claim is made to the exclusive right to use “FARMS” apart from the mark as shown”
Regards,
Marcus
Marcus N. DiBuduo, Director
T: 559.446.3236 | F: 559.432.4590
mdibuduo@fennemorelaw.comFrom: Solano, Carlita <Carlita.Solano@USPTO.GOV>
Sent: Thursday, March 4, 2021 5:23 AM
To: DiBuduo, Marcus <MDIBUDUO@fennemorelaw.com>
Cc: ipmail@dowlingaaron.com
Subject: RE: Docket #s 17483.063, 17483.051, 17483.050 & 17483.062 - U.S. Trademark Application Serial Nos. 90236506, 90236510, 90236500 & 90236493 SEQUOIA FARMS
Dear Mr. DiBuduo,
I can wait until the end of the day on Monday.
Best,
Carlita Solano
Trademark Examining Attorney
Law Office 128
United States Patent & Trademark Office
Telephone: (571) 270-0348
Facsimile: (571) 273-6513
Email: carlita.solano@uspto.gov
NOTICE TO APPLICANTS AND ATTORNEYS: Relevant e-mail communications will be uploaded to the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application process, the trademark examining attorney may NOT provide legal advice or statements about applicant’s rights. See 37 C.F.R. §2.191 and TMEP §§705.02, 709.04 - .06.
From: DiBuduo, Marcus <MDIBUDUO@fennemorelaw.com>
Sent: Thursday, March 4, 2021 3:54 AM
To: Solano, Carlita <Carlita.Solano@USPTO.GOV>
Cc: ipmail@dowlingaaron.com
Subject: RE: Docket #s 17483.063, 17483.051, 17483.050 & 17483.062 - U.S. Trademark Application Serial Nos. 90236506, 90236510, 90236500 & 90236493 SEQUOIA FARMS
Examining Attorney Solano,
Thank you for your email below. Would it be possible to provide you with my clients instructions by the first of next week on these?
Regards,
Marcus
Marcus N. DiBuduo, Director
8080 North Palm Avenue, Third Floor, Fresno, CA 93711
T: 559.446.3236 | F: 559.432.4590
mdibuduo@fennemorelaw.com | View Bio
Registered with the U.S. Patent and Trademark Office
Fennemore has expanded to California. Read more here.
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Sent: Tuesday, March 2, 2021 1:59 PM
To: ipmail@dowlingaaron.com; mdibuduo@dowlingaaron.com
Subject: Docket #s 17483.063, 17483.051, 17483.050 & 17483.062 - U.S. Trademark Application Serial Nos. 90236506, 90236510, 90236500 & 90236493 SEQUOIA FARMS
Docket #s 17483.063, 17483.051, 17483.050 & 17483.062
Dear Mr. DiBuduo,
I am the U.S. Patent and Trademark Office examining attorney assigned to U.S. Trademark Application Serial Nos. 90236506, 90236510, 90236500 & 90236493 SEQUOIA FARMS. I have reviewed the applications and the marks are almost ready for publication; however, there is an issue that needs to be addressed before the applications can proceed, and this issue can be resolved by return email or over the phone:
Specifically, the term “FARMS” needs to be disclaimed because it is descriptive of source of the goods. A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark, and does not affect applicant’s right to the entire mark. I suggest the following, if accurate:
No claim is made to the exclusive right to use “FARMS” apart from the mark as shown.
With your authorization, I would be happy to enter the suggested changes for you.
If you would like me to make these changes for you today to avoid a refusal of registration, just reply to this email with "OK."
Please email me at your earliest convenience if you would like to resolve the issue(s) by email. Alternatively, you can give me a call at 571-270-0348 if you would like to resolve this issue over the phone. You can also respond to this email or leave a voice message responding to the inquiry.