NOTE TO THE FILE
SERIAL NUMBER: 88123480
DATE: 07/09/2019
NAME: gulrich
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 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:Dear Mr. Neale:
Unfortunately, trademark examining attorneys do not have the authority to grant extensions to the response period: “The statutory period for response to an examining attorney’s Office action is six months from the Office action's date of issuance. 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a). The examining attorney has no discretion to shorten or extend this period.” TMEP §711.
As I have noted in the past two emails, “there are no amendments to the identification of goods that I can offer that would overcome this refusal. Therefore, at this point you are welcome to formally submit arguments against the refusal and in favor of registration. If you wish to have any arguments against a substantive refusal considered, they must be filed via a formal response. See, TMEP §709.05.”
Additionally, please note that “[i]nformal communications may not be used to request advisory opinions as to the likelihood of overcoming a substantive refusal.” TMEP §709.05.
Further, please note that “USPTO employees cannot give advice on trademark law. It is inappropriate for USPTO personnel to give legal advice, to act as a counselor for individuals, or to recommend a qualified practitioner” and that no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.
N. Gretchen Ulrich
Trademark Examining Attorney, Law Office 113
U.S. Patent and Trademark Office
T: 571.272.1951 | gretchen.ulrich@uspto.gov
Please consider the environment before printing this email.
From: Peter Neale [mailto:pneale333@gmail.com]
Sent: Tuesday, July 09, 2019 3:24 PM
To: Ulrich, Gretchen <gretchen.ulrich@USPTO.GOV>
Subject: Re: Trademark Application "EXS" Serial No. 88123480
Hi Gretchen,
We've struggled to figure out a way to make this trademark work. We have tried to accomplish this within the 6 months that you gave us.
I am now ready to pay an attorney an expensive fee to get this trademark to be accepted. And/or make changes that will fit your guidelines.
Personally, I do not think that our company's name and product's name"EXS" herbal spray is possible to confuse with the XS protein shake that you listed most as potential conflicts. But I respect your expertise.
Can you give us another 3 months extension please? I paid legalzoom $575 to do this and I dont want to lose that money.
Can you do this for us? And can you advise on any changes I can make to make ours unique and not conflict with any other existing trademarks.