NOTE TO THE FILE
SERIAL NUMBER: 87036552
DATE: 04/03/2017
NAME: sferrell
NOTE:
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 TRADEUPSFrom: Lackert, Clark W. [mailto:CLackert@ReedSmith.com]
Sent: Monday, April 03, 2017 9:38 AM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>; NYC IP Docketing <NYCIPDocketing@ReedSmith.com>; Murawski, Stephen S. <SMurawski@ReedSmith.com>; Goodwill, Jonathan <JGoodwill@ReedSmith.com>
Subject: RE: USPTO Trademark Application: 87036552 CAPELLA
Dear Mr. Ferrell,
Yes, approved.
Regards,
Clark W. Lackert
Partner
ReedSmithLLP
599 Lexington Avenue
New York, NY 10022
212.549.0453 | Phone
212.521.5450 | Fax
clackert@reedsmith.com
From: Ferrell Jr., Steven [mailto:Steven.Ferrell@USPTO.GOV]
Sent: Saturday, April 01, 2017 7:09 AM
To: NYC IP Docketing; Lackert, Clark W.; Murawski, Stephen S.; Goodwill, Jonathan
Subject: USPTO Trademark Application: 87036552 CAPELLA
Good Morning Clark W. Lackert,
As you may know, I am reviewing the above referenced application for your client, Capella Hotel Group LLC. Thank you for your response to my Office action. In review of the response, there is still one issue that can be corrected without the need for a Final Office action.
Specifically, we still require an amended identification of the services in International Class 43 for the reasons stated in the chart below.
Applicant’s Classification and ID
Reason for Amendment
Suggested ID
INTERNATIONAL CLASS 43
resort services;
Overly broad and may include services in multiple international classes. For instance, this includes ski resorts in International Class 41 and resort hotel services in International Class 43. Applicant must further specify the nature of its services and classify them accordingly.
resort hotel services;
spa services, namely, providing temporary accommodations and meals and drinks to clients of a health or beauty spa, private residence club services, namely, provision to club members of temporary accommodations in company owned or leased private residences
Indefinite due to use of comma rather than semi-colon. It is not clear whether applicant’s private residence club services are a part of or separate from its spa services. Applicant must use proper punctuation for clarity.
spa services, namely, providing temporary accommodations and meals and drinks to clients of a health or beauty spa; private residence club services, namely, provision to club members of temporary accommodations in company owned or leased private residences
Specifically, the suggested identification would read, with suggested changes underlined:
International Class 43: Hotel services; resort hotel services; resort hotels; tea rooms; snack bars featuring health food; catering; spa services, namely, providing temporary accommodations and meals and drinks to clients of a health or beauty spa; private residence club services, namely, provision to club members of temporary accommodations in company owned or leased private residences
Please let me know if you would approve of my amending the identification as described.
Please respond no later than 2 PM EST on Wednesday, April 5, 2017.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.
Respectfully,
/Steven W. Ferrell Jr./
Trademark Examining Attorney
Law Office 121
Phone: (571)270-3424
E-mail: steven.ferrell@uspto.gov
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