NOTE TO THE FILE
SERIAL NUMBER: 88009783
DATE: 10/21/2020
NAME: lfox
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:X OTHER: email
From: Christopher J. Hussin <chussin@boardmanclark.com>
Sent: Wednesday, October 21, 2020 1:13 PM
To: Fox, Lyal <Lyal.Fox@USPTO.GOV>; Docket_chussin <Docket_chussin@BoardmanClark.com>
Cc: docket@ledgleylaw.com
Subject: RE: U.S. Trademark Application No. 88009783 for ALPHAVET SCIENCE
Hi Examining Attorney Fox:
Thank you for your email below, and your assistance in this case.
Your proposed ID amendments are acceptable, and the applicant wishes to proceed with the 44(e) filing basis only.
Thank you for offering to so amend the application via examiner’s amendment and approve the mark for publication. If you have any questions or need anything further, please do not hesitate to contact me.
Thanks again,
Chris
From: Fox, Lyal <Lyal.Fox@USPTO.GOV>
Sent: Tuesday, October 20, 2020 6:58 PM
To: Docket_chussin <Docket_chussin@BoardmanClark.com>
Cc: docket@ledgleylaw.com
Subject: U.S. Trademark Application No. 88009783 for ALPHAVET SCIENCE
Hello Attorney Christopher Hussin,
I am the attorney assigned to U.S. Trademark Application No. 88009783 for ALPHAVET SCIENCE. I have reviewed the Response to Suspension Inquiry and there are minor issues preventing approval.
First, the identification of services contains the word “or” which is not allowed. The word “or” should be amended to “and” throughout. The following is recommended (edits in bold):
005: Herbal supplements for animals for general health and well-being; Nutritional supplements for animals for general health and well-being; Dietary supplements for animals for general health and well-being; Botanical nutritional and dietary supplements for animals for general health and well-being; Herbal supplements for pets for general health and well-being; Nutritional supplements for pets for general health and well-being; Dietary supplements for pets for general health and well-being; Botanical nutritional and dietary supplements for pets for general health and well-being; Vitamins for animals; Mineral supplements for animals; Herbal supplements for animals to promote calming; Nutritional supplements for animals to promote calming; Dietary supplements for animals to promote calming; Botanical nutritional and dietary supplements for animals to promote calming; Herbal supplements for animals to promote mobility; Nutritional supplements for animals to promote mobility; Dietary supplements for animals to promote mobility; Botanical nutritional and dietary supplements for animals to promote mobility; Herbal supplements for animals to promote detoxification; Nutritional supplements for animals to promote detoxification; Dietary supplements for animals to promote detoxification; Botanical nutritional and dietary supplements for animals to promote detoxification; Herbal supplements for animals to promote optimal health; Nutritional supplements for animals to promote optimal health; Dietary supplements for animals to promote optimal health; Botanical nutritional and dietary supplements for animals to promote optimal health; Herbal supplements for animals to decrease joint pain; Nutritional supplements for animals to decrease joint pain; Dietary supplements for animals to decrease joint pain; Botanical nutritional and dietary supplements for animals to decrease joint pain; Herbal supplements for animals for arthritis; Nutritional supplements for animals for arthritis; Dietary supplements for animals for arthritis; Botanical nutritional and dietary supplements for animals for arthritis; Herbal supplements for animals to improve joint mobility and flexibility; Nutritional supplements for animals to improve joint mobility and flexibility; Dietary supplements for animals to improve joint mobility and flexibility; Botanical nutritional and dietary supplements for animals to improve joint mobility and flexibility; Oral hyaluronic acid nutritional and dietary supplement; Anti-parasite herbal supplements for animals; Anti-parasite nutritional supplements for animals; Anti-parasite dietary supplements for animals; Anti-parasite botanical nutritional and dietary supplements for animals; Herbal supplements for animals to maintain immune system function; Nutritional supplements for animals to maintain immune system function; Dietary supplements for animals to maintain immune system function; Botanical nutritional and dietary supplements for animals to maintain immune system function; Nutritional and dietary supplements containing essential fatty acids for animals; Probiotic supplements for animal; Prebiotic supplements for animals; Nutritional and dietary supplements containing digestive enzymes for animals; Herbal supplements for animals for antioxidant purposes; Nutritional supplements for animals for antioxidant purposes; Dietary supplements for animals for antioxidant purposes; Botanical nutritional and dietary supplements for animals for antioxidant purposes; Nutraceutical-based medicated cosmetics for animals; Nutraceutical-based medicated cosmetics for pets; Nutraceutical-based medicated skincare for animals; Nutraceutical-based medicated skincare for pets; Nutraceutical-based medicated shampoo for animals; Nutraceutical-based medicated shampoo for pets
Second, the foreign registration is acceptable to perfect the 44e filing basis. Please advise if the applicant wishes to proceed under filing basis 44e only and delete the 1b filing basis or if the applicant wishes to keep both the 44e and 1b basis. If the applicant maintains the 1b basis they application will not be eligible for registration until the applicant provides an acceptable AAU at the SOU phase. This will also require additional filing fees.
Please respond ASAP advising if the above ID changes are acceptable and advising if the applicant wishes to proceed with the 44e filing basis only. I will amend the application via examiner’s amendment and approve the mark for publication.
If you would like to call and discuss the application my direct line is listed below.
Please be aware that I will need to refuse the application if I have not received your response by Friday, October 30, 2020, at 5 p.m. EST.
Regards,
Lyal Fox III
Trademark Examining Attorney
Law Office 113
571-270-7884