NOTE TO THE FILE
SERIAL NUMBER: 79261162
DATE: 05/04/2021
NAME: jhan6
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: Lawrence Apolzon <lapolzon@fzlz.com>
Sent: Tuesday, May 4, 2021 9:11 AM
To: Roxana Monemdjou <rmonemdjou@fzlz.com>
Cc: Han, Joanna <Joanna.Han@USPTO.GOV>; Karen M. Lehnert <kmlehnert@fzlz.com>
Subject: Re: Mark: ALL; Serial Number: 79261162; Docket: CCRO 1911009
CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
With the understanding trust all else in class 39 and other classes stay the same. Thanks, LarryLawrence E. Apolzon | lapolzon@fzlz.com
Fross Zelnick | 212.813.5921
On May 4, 2021, at 9:05 AM, Roxana Monemdjou <rmonemdjou@fzlz.com> wrote:
Dear Ms. Han,
Thank you for your email.
Please amend the identification of services in Class 39 as you suggested and as outlined below:
- arranging of transportation for travel tours and providing transport for excursions
Please let us know if you have any questions.
Best,
Roxana
Roxana Monemdjou | rmonemdjou@fzlz.com
Fross Zelnick | 212.813.5939
<image002.png>
From: Lawrence Apolzon
Sent: Monday, May 03, 2021 5:11 PM
To: 'Han, Joanna'; Karen M. Lehnert
Cc: Roxana Monemdjou
Subject: RE: Mark: ALL; Serial Number: 79261162; Docket: CCRO 1911009
Thanks Examining Attorney Han. We are sending a note to our client and will try to get back to you by this Wednesday. Larry
Lawrence E. Apolzon | lapolzon@fzlz.com
Fross Zelnick | T 212.813.5921 | M 646.637.1508
<image003.jpg>
From: Han, Joanna [mailto:Joanna.Han@USPTO.GOV]
Sent: Monday, May 03, 2021 4:34 PM
To: Apolzon-Docket
Cc: Monemdjou-docket
Subject: Mark: ALL; Serial Number: 79261162; Docket: CCRO 1911009
Hello Lawrence E. Apolzon,
My name is Joanna Han, and I am the trademark examining attorney for your trademark application you submitted to the US Patent and Trademark Office.
Below is information regarding your trademark application.
Mark: ALL
Serial Number: 79261162
Docket: CCRO 1911009
I would like to discuss the applicant’s identification of services in International Class 39. Because “arranging of tours and excursions” is no longer acceptable as it is indefinite and overbroad. It is unclear whether “travel tours” refers to transport services in Class 39 or guided tour-type services in Class 41. It is unclear whether it encompasses making bookings for transportation in Class 39 or arranging educational or entertainment activities for tourists in Class 41. Applicant may amend the identification of services within class 39. Thus, the wording may be amended to “arranging of transportation for travel tours” and “providing transport for excursions” in class 39. I have provided a suggested amended wording of the identification of goods/services in International Class ^ for the applicant below, and, if accurate, applicant may accept the suggested changes (suggested changes in bold):
Class 39 Coordinating travel arrangements for individuals and for groups; travel guide and traveler escort services; travel agency services, namely, making reservations and bookings for transportation for tourists; booking of seats for travel; transport of travelers and travel route planning; arranging of sales of tickets for tourism in the nature of providing transport for excursions, guided tours, sightseeing tours, cruises and sightseeing travel tours; arranging transport for travelers and travel route planning; transport of passengers; car transport; bus transport; air transport; railway transport; boat transport; chauffeur services; taxi transport services; transportation services, namely, providing shuttle services by car; arranging of cruises; pleasure boat transport; arranging of transportation for travel tours and providing transport for excursions; rental of vehicles and cars, airplanes and boats; booking of seats for travel; travel information services, namely, information on stays, travel, tourism and geographical information, namely, maps and travel itineraries; arranging of transport for travelers
Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application or as acceptably amended. Generally, any deleted services may not later be reinserted. Additionally, for applications filed under Trademark Act Section 66(a), the scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau); and the classification of services may not be changed from that assigned by the International Bureau. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Further, in a multiple-class Section 66(a) application, classes may not be added or services transferred from one existing class to another. 37 C.F.R. §2.85(d); TMEP §1401.03(d). For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.
To expedite the review process of your application, I can make the changes for you and send you an Examiner’s Amendment confirming the changes. If you have any questions and/or concerns, please feel free to reach me at your most convenient time. Please also note that I will need to take action on this file as soon as possible and would appreciate your response by Wednesday, May 5, 2021.
Best,
/Joanna Han/
Trademark Examining Attorney
Law Office 126
United States Patent and Trademark Office (USPTO)
571-270-3617
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