The revieThe reviewing attorney with the USPTO said that my proposed disclaimer is...

Sandra

Member
May 15, 2008
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...not acceptable? The office action stated that I must disclaim the descriptives words apart from the mark as shown. They are geographical and color descriptive words.

I contacted a trademark attorney to get advice on the office action, who said that he could respond to the office action for me for $99. the truth is, I have sucessfully filed a trademark prior to this one without a DYI online self help like legal zoom, or having an attorney do it for me.

When I pressed him about the disclaimer and what he would do with it, he tells me that I should agree with the disclaimer, and then file another mark that better catagorizes/qualifies exactly what I mean by the descriptive words used in my original mark, and how I intend to use them.

when I asked him if that is all he would do with the disclaimer, he said that the examining attorney had stated a couple of issues that needed to be addressed, but he really won't give me the "issues."

As far as I can see, there is only one issue: agree to the disclaimer. I plan to use this attorney to file the second mark he advises me to do, but i feel he is not being honest with me about the simple disclaimer on this current mark so he can make the extra $100.

It is very easy for me to agree with the office action to agree to the disclaimer by calling the examining attorney myself. He won't tell me the other issue he wants to address with the disclaimer issue.

Do you think he is telling me the truth that there is some other issue? I do want to use him on the new mark he thinks I need to file.
 
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