NOTE TO THE FILE
SERIAL NUMBER: 79225309
DATE: 09/05/2018
NAME: xademi
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
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: Ademi, Xheneta
Sent: Wednesday, September 05, 2018 9:56 AM
To: 'Geza Ziegler' <gziegler@gziplaw.com>
Subject: RE: United States Trademark Application Serial No. 79225309 / AVOCET (5022)
Great to hear. You should receive the Examiner’s Amendment shortly. Have a wonderful day!
Best regards,
Xheneta
Xheneta Ademi
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 122
(571) 272-7151
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.
From: Geza Ziegler [mailto:gziegler@gziplaw.com]
Sent: Wednesday, September 05, 2018 9:52 AM
To: Ademi, Xheneta <Xheneta.Ademi@USPTO.GOV>
Subject: RE: United States Trademark Application Serial No. 79225309 / AVOCET (5022)
Dear Xheneta,
Thank you for your proposal. The applicant has agreed to the proposed changes. Kindly proceed.
Regards,
Geza
AUTHORIZATION TO COMMUNICATE VIA EMAIL
Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file
Geza C. Ziegler Jr.
55 Greens Farms Road
126 South Main Street, Suite 203
Westport, CT 06880
Torrington, CT 06790
Tel: (203) 659-0388
Tel: (860) 866-4123
Fax: (203) 222-5299
email: gziegler@gziplaw.com
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The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual named above. If you are not the intended recipient or an authorized
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From: Ademi, Xheneta [mailto:Xheneta.Ademi@USPTO.GOV]
Sent: Friday, August 31, 2018 6:45 PM
To: Ziegler IP Law
Cc: ptomail
Subject: United States Trademark Application Serial No. 79225309 / AVOCET
This email is intended for Geza C. Ziegler Jr. and/or any authorized party
United States Trademark Application Serial No. 79225309 / AVOCET
Dear Attorney Ziegler Jr.:
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your application for AVOCET. I received your response to the Office action. After reviewing the response, I wanted to let you know that there are a few remaining issues with the application, but these are issues I can resolve on my end, by way of Examiner’s Amendment – I just need your permission to do so.
Second, I have reviewed your argument as to the Section 2(d) partial likelihood of confusion refusal, and unfortunately, because the TTAB has repeatedly upheld similar refusals in the past, I am unable to withdraw the partial Section 2(d) likelihood of confusion refusal. To expedite prosecution of the application, however, Applicant has the option to delete the conflicting goods, namely, “cheese; cheese products, namely, cheese food” from International Class 029 in order to obviate the refusal.
Thus, I propose that the identification of goods and services is amended to delete “cheese; cheese products, namely, cheese food” from International Class 029 and to read as follows:
“Chemical preservatives for animal feeds; chemical additives for use in the preparation of animal foodstuffs; chemical additives for use in the manufacture of animal foodstuffs; chemical additives in the nature of mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder, other than for medical or veterinary use” in International Class 001
“Beef; milk; milk based beverages, milk predominating; cream; dairy products, namely, dairy-based food beverages and dairy-based beverages” in International Class 029
“Animal feed; animal feed preparations, namely, synthetic animal feed; mixed animal feed; synthetic animal feed; preserved crops for animal feeds; fodder; foodstuffs and fodder for animals” in International Class 031
Do I have your permission to enter the suggested changes by way of Examiner’s Amendment? If you agree to the above amendments, I can enter the changes on our system and hopefully approve the application for publication.
Please let me know, by phone or email, by the end of the day on Thursday, if you agree to allow me to correct the above, or if you have any questions about the application. If I do not hear from you by then, I will go ahead and issue a partial final refusal.
I look forward to hearing from you!
Best regards,
Xheneta
Xheneta Ademi
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 122
(571) 272-7151
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.