NOTE TO THE FILE
SERIAL NUMBER: 90286667
DATE: 04/07/2021
NAME: kmoninghoff
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
X 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
X Changed TRADEUPS to: correct formatting of mark descriptionX OTHER:
From: Moninghoff, Kim
Sent: Wednesday, April 7, 2021 7:34 AM
To: Aimee Gaudet <aimee@capstoneindustries.com>
Subject: RE: Trademark Application #90286667 T THIN CAST - please respond by Tuesday (4/6)
Thank you. You should receive an email later today with a link to the Examiner’s Amendment. If you do not receive the email, you will be able to access the Examiner’s Amendment directly on our website here: http://tsdr.gov.uspto.report/, using your application number and the Documents button.
It will take a few weeks before the mark is published and you will receive a separate notice with the publication date. The Examiner’s Amendment will include some additional information about the publication process.
The letter “T” is included in the mark wording field of our database because the mark description indicates that the design combined with the wording is a “T” shape.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
From: Aimee Gaudet <aimee@capstoneindustries.com>
Sent: Tuesday, April 6, 2021 10:07 AM
To: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Cc: Aimee Gaudet <aimee@capstonecompaniesinc.com>
Subject: RE: Trademark Application #90286667 T THIN CAST - please respond by Tuesday (4/6)
Dear Ms. Moninghoff,
As a follow up to your email below, I have attached Stewart Wallach’s consent (response) in letter form.
I noticed that you have a T in front of Thin Cast in the subject line and I’m not quite sure why.
The Trademark should be THIN CAST.
If you would kindly confirm receipt of our email as I know this was time sensitive.
Thank you,
Aimee C. Brown
Director of Administration | Capstone Industries
Capstone Connected Smart Mirror
954.570.8889 ext. 313
431 Fairway Drive, Ste. 200, Deerfield Beach, FL
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From: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Sent: Wednesday, March 31, 2021 3:25 PM
To: Aimee Gaudet <aimee@capstoneindustries.com>
Cc: Aimee Gaudet <aimee@capstonecompaniesinc.com>
Subject: Trademark Application #90286667 T THIN CAST - please respond by Tuesday (4/6)
Good afternoon,
This email is intended for Stewart Wallach (or another corporate officer).
I am an examining attorney with the U.S. Patent and Trademark Office. I’ve been assigned to review the trademark application that you filed with our Office. Before I can approve the mark for publication, there is one issue issues that must be addressed. I can take care of it for you if you (or another corporate officer) provide your consent by reply email.
Disclaimer. Specifically, the term THIN in the mark would be perceived as describing a characteristic of the goods. When a mark includes such a descriptive term, we require consent to a disclaimer statement. This is a statement that only goes in the Office’s records to indicate that trademark rights are not claimed in the descriptive term. No change is made to the mark itself or how it is used in commerce. The disclaimer statement would read as follows:
No claim is made to the exclusive right to use “THIN” apart from the mark as shown.
If you provide your consent to this amendments by reply email, I will enter it for you and send you a confirmation letter, called an Examiner’s Amendment. I will also approve the mark for publication.
If consent is provided by a corporate officer other than Stewart Wallach, the email must include that person’s full name and title.
If you have any questions, please let me know.
If I don’t hear back from you by the end of the day Tuesday (4/6), I will send you a formal letter, also by email, for this issue. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
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