NOTE TO THE FILE
SERIAL NUMBER: 88048867
DATE: 02/26/2019
NAME: ommeje
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:From: Jonathan Phillips [mailto:jon@jlaplaw.com]
Sent: Tuesday, February 26, 2019 4:44 PM
To: Mmeje, Obieze <Obieze.Mmeje@USPTO.GOV>
Subject: Re: Serial No. 88048867 | LEVEL
Hi there,
Those are agreeable and I would welcome an Examiner's Amendment.
Thanks!
Jonathan LA Phillips
Attorney at Law
P.O. Box 6323
Peoria, Illinois 61601-6323
Tel: (309) 643-9016
Email: jon@jlaplaw.com
On Tue, Feb 26, 2019 at 2:49 PM Mmeje, Obieze <Obieze.Mmeje@uspto.gov> wrote:
Hello Mr. Phillips,
Thank you for reaching out to me regarding the issue with the identification of goods in the above-referenced application. In response to your inquiry, yes, the following identification of goods would be acceptable, which excludes any reference to snack chips:
International Class 029: “Processed nut-based snack bars containing eggs; Processed nut-based snack bars containing eggs and collagen; Cheese-based snack foods, namely, processed dried snack puffs containing eggs and collagen; Processed fruit- and nut-based snack bars; Processed fruit-and nut-based food bars for boosting energy; Nut and seed-based snack bars; Nut and seed-based snack bars for boosting energy; Nut-based snack bars; Nut-based snack bars for boosting energy; Nut- and dried fruit-based snack bars; Nut-and dried fruit-based snack bars for boosting energy”
International Class 030: “Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs; Processed cereal based energy bars containing eggs and collagen; Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein processed cereal to be used as breakfast food, snack, or ingredient for making other foods”
If you agree, I can make the aforementioned changes to the identification of goods for you via examiner’s amendment and the application will proceed toward registration. Please let me know how you would like to proceed and whether you have any questions.
Thanks,
Obieze Mmeje
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 122
Phone: (571) 272-7694
Email: Obieze.Mmeje@uspto.gov
From: Jonathan Phillips [mailto:jon@jlaplaw.com]
Sent: Tuesday, February 26, 2019 3:40 PM
To: Mmeje, Obieze <Obieze.Mmeje@USPTO.GOV>
Subject: Re: Serial No. 88048867 | LEVEL
Dear Examining Attorney Mmeje:
I am just following up on my prior email with hope that we can get the goods and services clarified in a way that will allow you to allow the application.
Thanks,
Jonathan LA Phillips
Attorney at Law
P.O. Box 6323
Peoria, Illinois 61601-6323
Tel: (309) 643-9016
Email: jon@jlaplaw.com
On Mon, Feb 18, 2019 at 1:23 PM Jonathan Phillips <jon@jlaplaw.com> wrote:
Dear Examining Attorney Mmeje:
I write concerning the final office action for the LEVEL application, Serial No. 88048867. In your Final Office Action, you state the following identification would be agreeable.International Class 029: “Processed nut-based snack bars containing eggs; Processed nut-based snack bars containing eggs and collagen; Cheese-based snack foods, namely, processed dried snack puffs containing eggs and collagen; Processed potato snack chips containing eggs; Processed dried potato snack chips containing eggs and collagen; Processed fruit- and nut-based snack bars; Processed fruit-and nut-based food bars for boosting energy; Nut and seed-based snack bars; Nut and seed-based snack bars for boosting energy; Nut-based snack bars; Nut-based snack bars for boosting energy; Nut- and dried fruit-based snack bars; Nut-and dried fruit-based snack bars for boosting energy”
International Class 030: “Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs; Processed cereal based energy bars containing eggs and collagen; Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein processed cereal to be used as breakfast food, snack, or ingredient for making other foods”
It appears, then, that the issue focuses on the "snack chips" portion, and further description there. Unfortunately, my client is not making potato based snack foods. The "chips" would be made of egg and collagen, not starches. That said, if my client were to simply drop the "snack chip" portions while otherwise adopting your proposed language, would that be assuage your concerns and overcome the office action? That is, would this goods and services description be agreeable?
International Class 029: “Processed nut-based snack bars containing eggs; Processed nut-based snack bars containing eggs and collagen; Cheese-based snack foods, namely, processed dried snack puffs containing eggs and collagen; Processed fruit- and nut-based snack bars; Processed fruit-and nut-based food bars for boosting energy; Nut and seed-based snack bars; Nut and seed-based snack bars for boosting energy; Nut-based snack bars; Nut-based snack bars for boosting energy; Nut- and dried fruit-based snack bars; Nut-and dried fruit-based snack bars for boosting energy”
International Class 030: “Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs; Processed cereal based energy bars containing eggs and collagen; Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein processed cereal to be used as breakfast food, snack, or ingredient for making other foods”
Thank you in advance for your input.
Jonathan LA Phillips
Attorney at Law
P.O. Box 6323
Peoria, Illinois 61601-6323
Tel: (309) 643-9016
Email: jon@jlaplaw.com