NOTE TO THE FILE
SERIAL NUMBER: 87453157
DATE: 08/04/2017
NAME: rcaysido
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/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: Tanja Proehl [mailto:tproehl@gbc.law]
Sent: Friday, August 04, 2017 12:02 PM
To: Caysido, Rebecca <Rebecca.Caysido@USPTO.GOV>
Cc: Silvia Melby <smelby@gbc.law>
Subject: [Accept Proposed Changes; Request for Examiner's Amendment] Trademark Application Serial Nos. 87438470 CARDIASLIM; 87453157 L-OPTIZINC; 87440659 SYTRINOL HEALTHY HEART
Re: U.S. Trademark Applications—
InterHealth Nutraceuticals Incorporated
Serial No. 87438470 CARDIASLIM
Serial No. 87453157 L-OPTIZINC
Serial No. 87440659 SYTRINOL HEALTHY HEART
Atty Docket Nos. 6214.128655; 128751; 128667
Dear Examining Attorney Caysido
The Applicant is in agreement of all the proposed shownbelow for each application.
Please enter each by Examiner’s Amendment.
Respectfully submitted,
Tanja Proehl
/Tanja Proehl/
Attorney for Applicant, State of NY Bar Member
(312) 360-0080
Dr. Tanja Proehl | ATTORNEY AT LAW
300 S. Wacker Dr. Suite 2500 | Chicago, IL 60606 | Direct: (312) 987.2919 | Main: (312) 360.0080 | Fax: (312) 360.9315 | www.gbc.law
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From: Caysido, Rebecca [mailto:Rebecca.Caysido@USPTO.GOV]
Sent: Friday, August 4, 2017 7:42 AM
To: TMDocket <tmdocket@gbclaw.net>; Silvia Melby <smelby@gbc.law>; Tanja Proehl <tproehl@gbc.law>
Subject: OFFICIAL USPTO EMAIL - Trademark Application Serial Nos. 87438470 CARDIASLIM; 87453157 L-OPTIZINC; 87440659 SYTRINOL HEALTHY HEART - Response Required
United States Trademark Application Serial Nos. 87438470 CARDIASLIM; 87453157 L-OPTIZINC; 87440659 SYTRINOL HEALTHY HEART
Dear Greer, Burns & Crain, Ltd.,
I am the assigned trademark examining attorney for the above-referenced applications. The issues to be resolved in each application are shown below. If you agree that the changes below are acceptable, I will issue Examiner's Amendments accordingly stating the below:
Application Serial No. 87438470 CARDIASLIM
Amended description of the mark
The following description of the mark replaces the current description of record:
The mark consists of the stylized wording "CARDIASLIM". A heartbeat line appears under "CARDIA" with a high spike forming the first letter "A". The letter "S" is formed by a longer wavy line.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
Application Serial No. 87453157 L-OPTIZINC
amended identification of goods
The identification of goods is amended to read as follows:
International Class 5: Nutritional ingredients, namely, vitamin and mineral preparations sold as a component of dietary supplements composed in part with zinc
See TMEP §§1402.01, 1402.01(e).
Application Serial No. 87440659 SYTRINOL HEALTHY HEART
added disclaimer
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use "HEALTHY HEART" apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
amended identification of goods
The identification of goods is amended to read as follows:
International Class 5: Dietary and nutritional supplements consisting of polymethoxylated flavones and tocotrienols specifically formulated for the treatment, reduction, and prevention of cardiovascular diseases; dietetic functional foods and beverages, namely, edible dietetic products in conventional food and beverage form consisting of polymethoxylated flavones and tocotrienols specifically formulated for the treatment, reduction, and prevention of cardiovascular diseases
See TMEP §§1402.01, 1402.01(e).
Amended description of the mark
The following description of the mark replaces the current description of record:
The mark consists of the stylized wording "SYTRINOL HEALTHY HEART" partially contained within an open heart design with a wavy line.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
Please let me know by email or phone by 2 PM EST on Tuesday, 8/8/2017, if you agree to allow me to correct the above by Examiner's Amendment or if you have any questions about the applications. If I do not hear from you by that time, I will have to issue Office Actions.
Best,
/Rebecca T. Caysido/
Examining Attorney
Trademark Law Office 123
(571) 270-0926