NOTE TO THE FILE
SERIAL NUMBER: 90389973
DATE: 05/19/2021
NAME: mmcclellan
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: Matt Hoots <mhoots@srtslaw.com>
Sent: Wednesday, May 19, 2021 12:08 PM
To: McClellan, Matthew <Matthew.McClellan@USPTO.GOV>
Cc: mkoon@srtslaw.com
Subject: Re: U.S. Trademark Application Serial Nos. 90389973 - ECHO [Docket No. 13090.8490] and 90281156 - EVER RED MIDNIGHT [Docket No. 13090.8450]
CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
Matthew,
Thanks for your patience on these matters. Please accept this email as authorization to amend the listings by Examiner’s Amendment as outlined below to exclude certain plants for the ECHO application and the EVER RED MIDNIGHT application.
With kind regards,
Matt
Matthew T. Hoots
SMITH TEMPEL BLAHA LLC
1055 Prince Avenue
Athens, Georgia 30606
(706) 621-5773
This e-mail transmission and any documents, files or previous email messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail or by telephone at (770) 709-0080, and destroy the original transmission and its attachments without reading them or saving them to disk. This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. Thank you.
From: Matt Hoots <mhoots@srtslaw.com>
Date: Thursday, May 13, 2021 at 6:36 PM
To: "McClellan, Matthew" <Matthew.McClellan@USPTO.GOV>
Cc: "mkoon@srtslaw.com" <mkoon@srtslaw.com>
Subject: Re: U.S. Trademark Application Serial Nos. 90389973 - ECHO [Docket No. 13090.8490] and 90281156 - EVER RED MIDNIGHT [Docket No. 13090.8450]
Thanks, Matthew. It was a pleasure to talk with you today on these matters. I’ll forward your offer of examiner’s amendment to the client and come back to you shortly.
Best,
Matt
Matthew T. Hoots
SMITH TEMPEL BLAHA LLC
1055 Prince Avenue
Athens, Georgia 30606
(706) 621-5773
This e-mail transmission and any documents, files or previous email messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail or by telephone at (770) 709-0080, and destroy the original transmission and its attachments without reading them or saving them to disk. This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. Thank you.
From: "McClellan, Matthew" <Matthew.McClellan@USPTO.GOV>
Date: Thursday, May 13, 2021 at 4:17 PM
To: "mhoots@srtslaw.com" <mhoots@srtslaw.com>
Cc: "mkoon@srtslaw.com" <mkoon@srtslaw.com>
Subject: RE: U.S. Trademark Application Serial Nos. 90389973 - ECHO [Docket No. 13090.8490] and 90281156 - EVER RED MIDNIGHT [Docket No. 13090.8450]
Mr. Hoots,
Thank you for taking my call earlier regarding the applications noted in the subject line. As we discussed, the marks were withdrawn from publication on failure to function grounds on account of the terms “ECHO” and “MIDNIGHT” being varietal names. Because your client’s identification includes the broad entry for “live plants,” this wording could encompass several varietals. I have prepared an exclusion list of the conflicting varietals for your review. Please advise if your client would like to amend the identifications to exclude these varietals via Examiner’s Amendment, or if I should send an Office action for a formal response to address these issues. The following are suggested amendments to the identifications (changes in bold):
Serial No. 90389973 – ECHO
Live plants, excluding chrysanthemum, blueberry plant, blueberry cultivar, alfalfa, cauliflower, common wheat, field corn, garden bean, lettuce, onion, pea, rape, red fescue, soybean, tall fescue, garlic, oat, red oat, side oat, and tree oat; live plants, namely, azaleas
Serial No. 90281156 - EVER RED MIDNIGHT
Live plants, excluding field bean, English meadow grass, Kentucky bluegrass, smooth meadow grass, ficus, colocasia, baptisia, rose, cannabis plant, pumpkin, squash; live plants, namely, Loropetalum
Thank you in advance for your consideration, and please let me know if you have any questions or concerns.
Best regards,
Matthew
/Matthew D. McClellan/
Trademark Examining Attorney, Law Office 121
Phone: (571) 272-5148
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.