NOTE TO THE FILE
SERIAL NUMBER: 90387361
DATE: 04/29/2021
NAME: mfitzsimons
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: Miller, Martin J. <MMiller@porterwright.com>
Sent: Thursday, April 29, 2021 9:29 AM
To: Fitzsimons, Michael <Michael.Fitzsimons@USPTO.GOV>
Cc: IPDocket <ipdocket@porterwright.com>
Subject: RE: #EXT# Your Ref.: 228403 | Serial No. 90387361 | Mark: STANDBY CASH
CAUTION: This email has originated from an external entity. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
Dear Mr. FitzSimons,
We agree with your proposed changes. You have our authorization to enter a disclaimer of “CASH” and to amend the services as proposed below.
Best regards,
Martin Miller
Martin J. Miller
Porter Wright Morris & Arthur LLP
Bio / mmiller@porterwright.com
D: 513.369.4250 / M: 513.708.7416 / F: 513.421.0991
250 East Fifth Street, Suite 2200 / Cincinnati, OH 45202
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From: Fitzsimons, Michael <Michael.Fitzsimons@USPTO.GOV>
Sent: Friday, April 23, 2021 9:22 AM
To: Miller, Martin J. <MMiller@porterwright.com>
Cc: IPDocket <ipdocket@porterwright.com>
Subject: #EXT# Your Ref.: 228403 | Serial No. 90387361 | Mark: STANDBY CASH
#External Email#
Dear Attorney Miller:
I have been assigned the above-captioned application. My search of the Register did not reveal any conflicting marks; however, before I can review the application for publication, there are two issues that need to be addressed.
First, a disclaimer of “CASH” is required as the wording appears to be merely descriptive of the services specified in the application. The following disclaimer statement is suggested: No claim is made to the exclusive right to use “CASH” apart from the mark as shown.
Second, the identification of services requires a slight amendment to clarify the nature of the services. Specifically, in Class 36, the wording “providing” should be added in front of “short-term personal loans” such that the amended identification in Class 36 would read as follows:
“Online banking services in the nature of providing short-term personal loans, accessible by means of downloadable mobile applications and an Internet website; Providing short-term personal loans”
With your authorization, I can amend the identification via an Examiner’s Amendment.
Kindly note that if I do not hear from you by the end of business on Tuesday, April 27, 2021, I will issue an Office action requiring the above amendments.
Should you have any questions or concerns, please do not hesitate to contact me.
Respectfully,
Michael FitzSimons
Trademark Examining Attorney
Law Office 103
United States Patent and Trademark Office
Direct Phone: (571)272-0619
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