Notation to File

ECHO

McCorkle Nurseries, Inc.

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

NOTE TO THE FILE


SERIAL NUMBER:            90389973

DATE:                                05/19/2021

NAME:                               mmcclellan

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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:

     OTHER:

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

www.srtslaw.com

 

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

www.srtslaw.com

 

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

Matthew.McClellan@uspto.gov

 

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.

 


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