Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88033592

DATE:                                11/05/2018

NAME:                               kgoodwin1

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   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:

     OTHER:

From: Janet Satterthwaite [mailto:jsatterthwaite@potomaclaw.com]
Sent: Monday, November 05, 2018 3:37 PM
To: Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV>
Cc: Trademark <tm@potomaclaw.com>
Subject: Re: [EXTERNAL] Wavy Line Design Serial No. 88033560

 

Agreed. Please issue an examiners amendment 

Sent from my iPhone

On Nov 5, 2018, at 3:31 PM, Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV> wrote:

Hi Ms. Satterthwaite:

 

I am just following up with this. Thank you.

 

From: Goodwin, Katrina
Sent: Tuesday, October 30, 2018 3:41 PM
To: 'Janet Satterthwaite' <jsatterthwaite@potomaclaw.com>
Cc: Trademark <tm@potomaclaw.com>
Subject: RE: [EXTERNAL] Wavy Line Design Serial No. 88033560

 

Dear Ms. Satterthwaite:

 

Thank you for your quick reply. I apologize for the oversight, upon entering the amendment I realized that my suggestion for Class 43 did not include the clarifying language for “living facilities” – it is not clear whether the facilities are independent and/or assisted. Accordingly the following is suggested:

 

Class 43: Continuing care retirement communities in the nature of assisted living and independent living facilities; providing elder care services; providing memory care assisted and independent living facilities for those with Alzheimer's dementia and other memory loss conditions; providing independent living residences and living facilities; retirement living and assisted living facility services, namely, providing retirement homes and assisted living homes; providing assisted living housing, assisted living for those requiring memory care, and retirement housing for seniors

 

The same issue applies to the copending application ERICKSON SENIOR LIVING (Serial No. 88033592).

 

From: Janet Satterthwaite [mailto:jsatterthwaite@potomaclaw.com]
Sent: Tuesday, October 30, 2018 9:27 AM
To: Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV>
Cc: Trademark <tm@potomaclaw.com>
Subject: Re: [EXTERNAL] Wavy Line Design Serial No. 88033560

 

Thank you. These look fine. You are authorized to kindly issue an Examiner’s  amendment .

 

Regards 

Janet Satterthwaite 

Sent from my iPhone

On Oct 30, 2018, at 9:23 AM, Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV> wrote:

Dear Ms. Satterthwaite:

 

I am the Examining Attorney assigned to the above-referenced application.  There are a few identification issues that may be resolved via examiner’s amendment.

 

Class 43

The wording “Providing continuing care, retirement living and assisted living facilities” does not make clear the nature of the services. “Continuing care retirement communities in the nature of assisted living and independent living facilities” are in Class 43 and “Continuing care retirement communities in the nature of nursing home services” are in Class 44.

 

The wording “providing memory care living facilities for those with Alzheimer's dementia and other memory loss conditions” does not make clear the type of “living facility”.

 

Class 44

 

The wording “healthcare services featuring memory enhancement services in the field of Alzheimer's car” contains a typographical error.

 

Accordingly, the following is suggested and may be adopted (suggestions in bold font):

 

Class 35: No change

 

Class 41: No change

 

Class 43: Continuing care retirement communities in the nature of assisted living and independent living facilities; providing elder care services; providing memory care living facilities for those with Alzheimer's dementia and other memory loss conditions; providing independent living residences and living facilities; retirement living and assisted living facility services, namely, providing retirement homes and assisted living homes; providing assisted living housing, assisted living for those requiring memory care, and retirement housing for seniors

 

Class 44: Nursing care and healthcare services; healthcare services featuring memory enhancement services in the field of Alzheimer's care; Continuing care retirement communities in the nature of nursing home services

 

Kindly contact me on or before 11/5/18 to resolve these issues. I look forward to your reply.