NOTE TO THE FILE
SERIAL NUMBER: 79165650
DATE: 09/03/2015
NAME: wkprice
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
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:
Dear Mrs. Kay
I would greatly appreciate it, if you could handle the amendment via examiners amendment for us.
Thank you very much for your support!
Best
Constantin Overlack
Co-Founder
Aeris Cleantec AG
Stegackerstrasse 48
8409 Winterthur
Tel CH: + 41 78 949 03 21
Tel CN: + 86 185 186 79075 (current)
WeChat: Coverlack
QQ: 3295269941
Am 03.09.2015 um 23:58 schrieb Price, W.Kay <W.Kay.Price@USPTO.GOV>:
Dear Mr. Overlook:
Again, as set forth in my prior e-mail, if the suggested amended identification of goods is ACCURATE, and it is acceptable to you, I can handle the amendment via examiner’s amendment, and move the application forward for you. You will not have to enter anything because I can handle it for you. In addition, “acartridge” should be “a cartridge.” Please let me know if (1) you would like for me to enter the amended identification of goods via examiner’s amendment, or (2) you would like to file your response online. If you would like for me to enter the amended identification of goods via examiner’s amendment, you will not have to file anything.
I will await your response. Thank you.
Regards,
Attorney Price
W. Kay H. Price, Esq.
Trademark Attorney
Law Office 103
United States Patent and Trademark Office
(571) 272-9391
From: Constantin Overlack [mailto:constantin@aeris.io]
Sent: Thursday, September 03, 2015 9:34 AM
To: Price, W.Kay
Subject: Re: Trademark Application Serial No. 79-165650
Dear Mrs. Price
please excuse my extremely late reply, but your last email somehow got lost and I was just now able to recover it.
In the end of you Email you suggest us using the following description:
Air purifiers, air purifiers for household use, industrial air purifiers, air filters for industrial use, air filters for household use, air filters for air-conditioning units, air filtering installations, air purifying apparatus, namely, air cleaning units, air cleaning apparatus, namely, air cleaning units containing an air filter, apparatus and machines for purifying air, air cleaning apparatus, namely, air cleaning units containing an air filter, ultraviolet lights, electrostatic filtration units, and a photocatalytic filter, air purifying systems for household use, namely, air purifying systems consisting of at least one air filter, an axial or radial fan, and a housing, dispensing systems for air fresheners, namely, dispensing systems consisting of acartridge containing fragrances and a dispensing mechanism releasing the fragrances into the environment.
This description would be ok for us.
I take it, that this description is fully conform with the USPO regulations and if I enter it into the online system, there shouldn’t be any other issues concerning the wording?
I would be very grateful if you could confirm this to me, so that I can proceed with entering all changes.
Thank you very much for your kind support and sorry again for replying so late.
Best regards,
Constantin Overlack
Co-Founder
Aeris Cleantec AG
Stegackerstrasse 48
8409 Winterthur
Tel CH: + 41 78 949 03 21
Tel CN: + 86 185 186 79075 (current)
WeChat: Coverlack
QQ: 3295269941
Am 20.08.2015 um 02:37 schrieb Price, W.Kay <W.Kay.Price@USPTO.GOV>:
Dear Mr. Overlook:
Re the August 3rd e-mail: When I opened the attachment, because the proposed amendment is on the electronic form, which is used for responding to an Office action, I assumed you had already responded formally, via TEAS, and that you were simultaneously requesting that I review your formal response via e-mail. I did not realize that you had not formally responded to the Office action. Please note the following, in response to your e-mail of yesterday, Tuesday, August 18, 2015.
The applicant has proposed the following identification amendment:
“Air purifiers, air purifiers for household use, industrial air purifiers, air filters for industrial use, air filters for household use, air filters for air-conditioning units, air filtering installations, air purifying apparatus namely air cleaning units, air cleaning apparatus making use of physical filters, apparatus and machines for purifying air, air cleaning apparatus namely air cleaning units containing and air filter, ultraviolet lights, electrostatic filtration units and a photocatalystic filter, air purifying systems for household use, namely air purifying systems consisting of at least one air filter, an axial or radial fan and a housing, dispensing
systems for air fresheners, namely dispersing systems consisting of a cartage containing fragrances and a dispensing mechanism releasing the fragrances into the environment.”
The examining attorney has reviewed the proposed amended identification. Please note the following.
-There must be a comma both before and after the wording “namely.”
-The wording “air purifying apparatus” is acceptable standing alone. The applicant was not required to further define this wording.
-Is “air purifying apparatus” the same as an “air cleaning unit”? (PLEASE ANSWER.)
-What is a “physical filter”?
-What is a “cartage”?
The applicant may amend the identification to the following, IF ACCURATE:
Air purifiers, air purifiers for household use, industrial air purifiers, air filters for industrial use, air filters for household use, air filters for air-conditioning units, air filtering installations, air purifying apparatus, namely, air cleaning units, air cleaning apparatus, namely, air cleaning units containing an air filter, apparatus and machines for purifying air, air cleaning apparatus, namely, air cleaning units containing an air filter, ultraviolet lights, electrostatic filtration units, and a photocatalytic filter, air purifying systems for household use, namely, air purifying systems consisting of at least one air filter, an axial or radial fan, and a housing, dispensing systems for air fresheners, namely, dispensing systems consisting of acartridge containing fragrances and a dispensing mechanism releasing the fragrances into the environment.
Mr. Overlack, if the above suggested amended identification of goods is ACCURATE, and it is acceptable to you, I can handle the amendment via examiner’s amendment, and move the application forward for you. Please let me know. Thank you.
Regards,
Mrs. Price (Attorney Price)
W. Kay H. Price, Esq.
Trademark Attorney
Law Office 103
United States Patent and Trademark Office
(571) 272-9391
From: Constantin Overlack [mailto:constantin@aeris.io]
Sent: Tuesday, August 18, 2015 10:38 PM
To: Price, W.Kay
Subject: Re: Trademark Application Serial No. 79-165650
Dear Mrs. Price
Please excuse my spelling mistake, it was 2 am in the morning and I was frankly pretty tired.
On August 3rd I sent you my suggestion of possible changes, asking you for comments, if these changes are within the rules and regulations and specific enough to be accepted by the USPO. Unfortunately the email you answered to this, did not contain any references/comments to our suggestions.
I have attached these suggestions once again to this email.
I hope this question is specific enough.
I really need your help on this as I have no idea, what to do, so I would really appreciate you taking the time to look over our changes and give me feedback.
Thank you very much in advance.
Kind regards,
Constantin Overlack
Co-Founder
Aeris Cleantec AG
Stegackerstrasse 48
8409 Winterthur
Tel CH: + 41 78 949 03 21
Tel CN: + 86 185 186 79075 (current)
WeChat: Coverlack
QQ: 3295269941