NOTE TO THE FILE
SERIAL NUMBER: 85956361
DATE: 01/03/2014
NAME: gswift
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 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: Carlson, Alison G. [mailto:alison.carlson@dentons.com]
Sent: Monday, December 30, 2013 5:30 PM
To: Swift, Gilbert M.
Cc: Moffatt, Lora A.; Plosker, Bonny B.; Hicks, Tanya D.
Subject: FW: Response Requested: Trademark Application Serial No. 85956361 -- MIMOSA
Dear Mr. Smith:
This email confirms that you have our authorization to enter the Examiner's Amendment as set forth below.
Regards,
Alison G. Carlson
D +1 212 632 5504 | US Internal 15504
alison.carlson@dentons.com
Bio | Website
Dentons US LLP
Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices, including IRS Circular 230.
From: Swift, Gilbert M. [mailto:Gilbert.Swift@USPTO.GOV]
Sent: Friday, December 20, 2013 10:30 PM
To: IP Trade - Salans; Moffatt, Lora A.; Plosker, Bonny B.; Hicks, Tanya D.; Carlson, Alison G.
Cc: Swift, Gilbert M.
Subject: Response Requested: Trademark Application Serial No. 85956361 -- MIMOSA
Response Requested: Trademark Application Serial No. 85956361 -- MIMOSA
Dear Lora Moffatt, Esq. and team:
The present application was approved for publication on September 23, 2013; however, it was withdrawn from publication by the editors of the Official Gazette, due to an error in the identification of goods as described below. I can approve it for publication immediately if you authorize me to enter an Examiner Amendment that resolves the issues described below. I regret any inconvenience.
Requirement: Identification of Goods
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Therefore, applicant must amend the identification of goods to delete the wording “iPhone” and substitute the common commercial or generic name of the goods, e.g. smart phone, if accurate.
Therefore, applicant must amend the identification of goods to delete the wording “Totes” and substitute the common commercial or generic name of the goods, e.g. all-purpose carrying bags.
If accurate, applicant may adopt the following formulation for drafting an acceptable identification. The suggested language has been bolded for applicant’s convenience.
Class 009: Phone cases; smart phone cases; carrying cases for cell phones; protective covers and cases for cell phones; cases for eyeglasses or sunglasses; eyeglass cases
Class 018: All-purpose carrying bags, handbags, cross-body bags, imitation leather key chains, wallets including ID holders, cosmetic cases sold empty, wristlet bags, credit card cases including ID holders, coin cases, umbrellas
See TMEP §1402.01.
Advisories
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
With your authorization, I can make these change(s) to the application on your behalf via an Examiner’s Amendment. To provide authorization, you simply need to give it in a reply to this email.
Alternatively, I have already issued an Office action to which you may respond formally, e.g. via the Trademark Electronic Application System (TEAS) available at http://www.gov.uspto.report/trademarks/teas.
Please let me know how you wish to proceed.
Thanks in advance for your response.
Gilbert
Gilbert M. Swift | Trademark Examining Attorney | Law Office 109 | United States Patent and Trademark Office | Gilbert.Swift@USPTO.gov | Tel: 1+ 571.272.9028