NOTE TO THE FILE
SERIAL NUMBER: 90494880
DATE: 05/05/2021
NAME: mhartnett1
NOTE:
Searched:
X Google
Lexis/Nexis
X 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: Stendell, Leanne <LStendell@fridays.com>
Sent: Tuesday, May 4, 2021 6:59 PM
To: Hartnett, Megan K. <Megan.Hartnett@USPTO.GOV>
Cc: Fridays Trademarks <FridaysTrademarks@fridays.com>; Miller, Kim <Kim.Miller@fridays.com>
Subject: Re: Trademark App. Amendments - TGI Fridays Franchisor, LLC
CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
Dear Ms. Hartnett-
I accept the proposed ID amendments as detailed in your email below and the description of the CONVICTION CHICKEN design mark. I further agree to the disclaimer of CHICKEN in both CONVICTION CHICKEN applications.
With respect to 63RD+1ST, the goods will not be manufactured, packaged, shipped from, sold, or have any other connection with the geographic location named in the mark. For the Class 32 goods, please use “powdered and concentrate” as the form of the preparations for making fruit drinks and soft drinks.
Please let me know if you have any questions. Thank you.
Best regards,
Leanne
On May 4, 2021, at 1:17 PM, Hartnett, Megan K. <Megan.Hartnett@uspto.gov> wrote:
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Dear Ms. Stendell,
This is in regard to multiple co-pending Trademark Applications, marks and SNs below. These are all issues that can be resolved by amendment so I wanted to reach out to see if you wanted to fix these informally. I can make all of these changes on my end with your approval. Please let me know how you would like to proceed by COB Monday May 10th. I will be out Thursday and Friday of this week but can make the amendments before I leave or that Monday after I return.
63RD+1ST (SN. 90330062)
-ID: The malt beverages in Class 33 are overly-broad. We classify malt beer in Class 32 and malt beverages excluding beer in Class 33.
Class 32: Beers, fruit drinks and fruit juices, syrups and [indicate form of preparations, e.g., powdered and concentrate] preparations for making fruit drinks and soft drinks; alcoholic malt beer produced from a brewed malt base with natural flavors
Class 33: Prepared alcoholic cocktails; alcoholic malt beverage, except beer, produced from a brewed malt base with natural flavors; alcoholic malt coolers; wine-based drinks; prepared wine cocktails; wine coolers being drinks
Class 43: Acceptable
-Geographic inquiry: Explain whether the goods will be manufactured, packaged, shipped from, sold in or will have any other connection with the geographic location named in the mark.
APPS ALL AROUND (SN. 90494880)
The “providing food and drink via delivery” in the remaining applications is indefinite and overly-broad. This could be construed as the “delivery of food and drink” in Class 39 instead of the provision of food and drink made to order that will ultimately be delivered. You may add this entry in Class 39, but the fee for each class and eventually a specimen will be required. I can add that class if you want and send the Office action for the required fee.
-Class 43: Restaurant, bar, and catering services; take-out restaurant services; providing food and drink
viamade to order for delivery
CONVICTION CHICKEN in stand. Char. (SN. 90369937)
-Class 43: Restaurant, bar, and catering services; take-out restaurant services; providing food and drink
viamade to order for delivery-Disclaimer: No claim is made to the exclusive right to use "CHICKEN" apart from the mark as shown.
CONVICTION CHICKEN w/ design (SN. 90393855)
-Class 43: Restaurant, bar, and catering services; take-out restaurant services; providing food and drink
viamade to order for delivery-Disclaimer: No claim is made to the exclusive right to use "CHICKEN" apart from the mark as shown.
-Amended description: The mark consists of the design of a red chicken with white eyes outlined in black, wearing red-and-white striped top running with red feathers flying off, with black ball and chain around its ankle above the word "CONVICTION" in black text on a red polygon background above the word "CHICKEN" in white text on a black polygon background. The remaining color white in the drawing indicates transparency and forms no part of the mark.
Please let me know if you have any questions.
Thank you,
Megan M. Hartnett
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 123
(571) 270-1977
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Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.