SERIAL NUMBER: 85870123
DATE: 06/07/2013
NAME: abutler
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
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Acronym Finder Protest evidence reviewed
Other:
Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailbox
Checked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/Applicant
Requested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
PRINT 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:
Mr. Griggs:
I apologize but the language I provided and the classification refers to outside delivery services and I didn’t realize that when I first suggested it. If the applicant’s services involve rooms services, they can keep the original ID and classification to include the clarification that the “guest services” are related to room service.
The following is acceptable, if accurate:
Class 43:
providing information via televisions and displays in the field of hotel accommodations and hotel room services featuring the provision of food and drink to guests
My apologies for the miscommunication.
Additionally, I did not see the subsequent filing of the specimen of use, which I do not think shows use of the mark with services (the mark appears to be a device used by guests to access hotel services)
I can amend the identification by Examiner’s Amendment and issue a Priority Action on the specimen, or just issue the Priority Action on both issues. Please let me know how you wish to proceed.
Thank you.
Andrea Butler
From: Scott Griggs [mailto:griggsfordallas@gmail.com] On Behalf Of Scott T. Griggs
Sent: Tuesday, June 04, 2013 10:37 AM
To: Butler, Andrea
Cc: Maria Tedesco
Subject: Re: 85870123 OSC
Examining Attorney Butler:
Thank you for the opportunity to handle this matter via email. We agree to adopt the Class 39 recitation:
Providing information via television and displays about services to guests in the nature of hotel room service delivery services.
Please do not hesitate to contact me with any further questions.
Regards,
Scott
On Jun 3, 2013, at 3:54 PM, "Butler, Andrea" <Andrea.Butler@USPTO.GOV> wrote:
Mr. Griggs:
I am the trademark examining attorney for the above application. I have reviewed it and determined that the identification of services requires clarification as it identifies services in more than one international class. Information services are classified according to the subject matter. Thus, “providing information” about “services to guests” could include room service delivery in Class 39 and concierge services in Class 45.
The applicant may adopt the following, if accurate:
Class 39:
Providing information via televisions and displays about services to guests in the nature of hotel room service delivery services
Class 43:
providing information via televisions and displays in the field of hotel accommodations and services to guests in the nature of advice on restaurants to tourists and business travelers
Class 44:
Providing information via televisions and displays about services to guests in the nature of day spa services, namely, nail care, manicures, pedicures and nail enhancements
Class 45:
providing information via televisions and displays about services to guests in the nature of concierge services
This issue may be resolved by Examiner’s Amendment. You may respond to the email or call me at the telephone number below. If you prefer the Office Action to issue, please let me know.
The courtesy of a reply is due on or before Friday, June 7th.
Thank you.
Andrea P. Butler
Trademark Attorney
U.S. Patent and Trademark Office
571-272-7491