NOTE TO THE FILE
SERIAL NUMBER: 90599719
DATE: 11/04/2021
NAME: cdombrow
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X email Attorney/ApplicantFrom: Peter Finocchiaro <peterf@fino-law.com>
Sent: Thursday, November 4, 2021 12:24 PM
To: Dombrow, Colleen <Colleen.Dombrow@USPTO.GOV>
Subject: Re: ZADE'S LOUNGE, US Trademark Application Serial Number 90599719, Official Correspondence from the USPTO
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Ms. Dombrow:
Thank you and Agreed. My client agrees to the disclaimer, the language that you propose and the method that you propose to issue the Examiner’s Amendment.
Much thanks!
Thanks,
Peter Finocchiaro
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From: "Dombrow, Colleen" <Colleen.Dombrow@USPTO.GOV>
Date: Tuesday, November 2, 2021 at 6:14 PM
To: Peter Finocchiaro <peterf@fino-law.com>
Subject: ZADE'S LOUNGE, US Trademark Application Serial Number 90599719, Official Correspondence from the USPTO
Attorney Peter Finocchiaro:
I am the Examining Attorney from the U.S. Patent and Trademark Office that has been assigned to review the application you filed for trademark protection, Application Serial No. 90599719, for the mark ZADE'S LOUNGE.
I have completed my review of the application and have determined the following requirement must be addressed before the application can be moved forward. This requirement is straight forward and can be corrected here at the Office using an Examiner’s Amendment.
Requirement:
1) Disclaimer:
I must require a disclaimer of “LOUNGE” as this word immediately describes a feature or characteristic of the applied-for services. Specifically, consumers encountering the word LOUNGE in association with, “Restaurant and bar services, including restaurant carryout services” will immediately understand that the applicant’s services feature a lounge or are provided in a lounge. Accordingly, this term must be disclaimed.
May I enter the following disclaimer statement:
No claim is made to the exclusive right to use “LOUNGE” apart from the mark as shown.
Please let me know if this amendment is acceptable. If so I will issue an Examiner’s Amendment, make the changes to the application and move the application forward. If the amendment is not acceptable or if you have further questions, please feel free to email me at: colleen.dombrow@uspto.gov
I must take action on your application by 5pm Eastern on Thursday, November 4. If I do not hear from you regarding the above mentioned requirement by that time, I will issue an Office Action with the information contained therein and you will have six months to respond. If you need additional time to respond to this email, please let me know.
Sincerely,
Colleen
/Colleen Dombrow/
Trademark Attorney
US Patent and Trademark Office
Law Office 101
571-272-8262
NOTICE: Please note that all relevant e-mail communications will be placed in the official application record. See TMEP §§705.02, 709.06. 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. Further, e-mail or telephone communications may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement. Applicant is advised to file a formal response for consideration of arguments regarding any refusal or requirement. See TMEP §§304.01 and 304.02.