NOTE TO THE FILE
SERIAL NUMBER: 90324235
DATE: 04/30/2021
NAME: jfalk1
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:X OTHER: deleted TM from drawing
Jonathan:
Thank you for reaching out regarding the ARCUS trademark application (Serial Number 90324235). Your proposed amendments are acceptable, and more specifically:
- Please go ahead and crop out the TM symbol from the drawing; and
- Please amend the mark description to be: “The mark consists of a bold outline of a cloud, with the word "ARCUS" appearing under the cloud. The left two thirds of the cloud and wording is in dark blue, and the right one third of the cloud is in light blue. The color white represents background and transparent areas only and is not claimed as a feature of the mark.”
Best,
Emily
COOK, LITTLE, ROSENBLATT & MANSON, pllc
New Hampshire Plaza
1000 Elm Street, 20th Floor
Manchester, New Hampshire 03101
T (603) 621-7114
F (603) 621-7111
Website: www.clrm.com
Business Lawyers for Entrepreneurs ®
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On Apr 28, 2021, at 6:46 PM, Falk, Jonathan <Jonathan.Falk@uspto.gov> wrote:
Attn: Scott W. Ellison,
My name is Jonathan Falk and I am a Trademark Examining Attorney at the United States Patent and Trademark Office. I’ve been reviewing the above referenced trademark application and overall it looks pretty good. There are a few issues with it, however, which can be addressed via an Examiner’s amendment with your consent. The issues are as follows:
The first is that the TM logo must be deleted from the drawing which I can crop out for you.
The second is that the mark description must be amended because the color of the wording in the mark is not listed. I propose amending the mark description to the following:
The mark consists of a bold outline of a cloud, with the word "ARCUS" appearing under the cloud. The left two thirds of the cloud and wording is in dark blue, and the right one third of the cloud is in light blue. The color white represents background and transparent areas only and is not claimed as a feature of the mark.
The co-pending application in standard characters has been approved for publication.
Please let me know if the proposed amendments are acceptable by 4 pm EST Friday, April 30, 2021, either via email or the telephone number listed below. Feel free to contact me if you have any questions or would like to discuss these issues in greater detail.
Best,
Jonathan R. Falk
Trademark Examining Attorney
Law Office 111
(571)272-5301
DISCLAIMER: Although a trademark examining attorney may provide explanations pertaining to refusal(s) and/or requirement(s) issued in a particular case, the trademark examining attorney may not provide legal advice or statements about an applicant’s rights. See TMEP §§705.02, 709.06.