NOTE TO THE FILE
SERIAL NUMBER: 90759391
DATE: 02/24/2022
NAME: hhauenstein
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
email Attorney/ApplicantRequested Law Library search 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:X OTHER:
From: Hauenstein, Holland
Sent: Thursday, February 24, 2022 8:19 AM
To: jalcoba@alcobalaw.com
Cc: alcoba@alcobalaw.com; receptionist@alcobalaw.com
Subject: Request for Examiner’s Amendment for U.S. Trademark Application No. 90759391 DEFALKEN – Please respond by 2/28
Dear Ms. Alcoba,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office reviewing the above-referenced application.
I have completed the search of the Office Records, and there are no conflicting marks. However, I am unable to approve this application for the reason below. I believe the issue below can be resolved expediently via Examiner’s Amendment with your timely approval.
Mark Description Amendment Required
Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify all the literal and design elements in the mark. See 37 C.F.R. §2.37; TMEP §§808 et seq.
The following description will be entered to resolve this issue, if acceptable (amendments in bold and underlined):
The mark consists of the capital letter “D” followed immediately by a lower case letter "e" having a miniature falcon wearing a crown immediately above it, followed by capitalized letters "FALKEN" above a shield having an ornamentalized falcon wearing a crown enclosed within it.
Please let me know if you agree with the above change. If so, I will enter an Examiner’s Amendment to expedite the application and then approve the above mark for publication. For your convenience, if you agree to the above change, you may simply reply with “OK”.
Please respond as soon as convenient, but no later than 5:00PM (EST) on Monday, February 28, 2022.
I look forward to hearing from you.
Best,
Holland L. Hauenstein
Examining Attorney, Law Office 302
U.S. Patent and Trademark Office
571-270-3903