NOTE TO THE FILE
SERIAL NUMBER: 79230666
DATE: 12/11/2018
NAME: ccahill
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:Thank you, Clare. This change is fine. Would you please issue the Examiner's Amendment? Regards, Garfield
Garfield Goodrum, Esq.
Garfield Goodrum, Design Law
90 Canal Street, 4th Floor
Boston, MA 02114
617.861.0780
f: 617.507.5983
garfield.goodrum@gdrmlaw.net
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From: Cahill, Clare [Clare.Cahill@USPTO.GOV]
Sent: Tuesday, December 11, 2018 10:59 AM
To: Garfield Goodrum
Cc: Lucille Wheeler; docketing
Subject: Trademark Application Nos. 79230674 and 79230666Dear Mr. Goodrum,
Trademark Application Nos. 79230674 and 79230666 for TREATY and ODDLYGOOD have been reassigned to me because the previous trademark examining attorney, Jeff Chery, has left the US Patent and Trademark Office. I have reviewed your responses to Jeff’s Office actions, and there is one minor issue I would like to resolve by Examiner’s Amendment, if you approve, so that I can approve these applications for publication.
The wording “oat-based beverages” in Class 32 requires further clarification because “oat milk” and “milk substitutes” are classified in Class 29. I suggest the following identification in Class 32:
Class 32: Preparations for making beverages, namely, fruit drinks; syrups and other preparations for making beverages, namely, syrups for beverages; non-alcoholic fruit juice beverages; oat-based beverages not being milk substitutes; fruit beverages and fruit juices; nut and soy-based beverages not being milk substitutes; vegetable-based beverages, namely, vegetable juices; coconut-based beverages not being milk substitutes; sorbets in the nature of beverages; energy drinks; smoothies; mineral and aerated waters and non-alcoholic drinks in the nature of flavored water; protein-enriched sports beverages.
All other issues in the identifications are resolved, the entity issue is resolved, and I am going to withdraw the Section 2(d) refusal and prior-filed application advisory. Please let me know if you approve of the change above.
Thanks,
Clare
Clare Cahill
Examining Attorney
Law Office 120
571-272-5218