NOTE TO THE FILE
SERIAL NUMBER: 88134047
DATE: 09/16/2020
NAME: kray
NOTE:
Discussed file with
Attorney/Applicant via:
X phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
From: Ted Remaklus <tremaklus@whe-law.com>
Sent: Wednesday, September 16, 2020 10:53 AM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: RE: TM Applications for "SPINACH" (serial nos. 88134047 & 88134047)
Dear Examiner Ray:
I have discussed this with the Applicant. It is agreeable to deleting Classes 3, 5, 29, 30, 32 and 33 in both applications so that Classes 16, 25 and 34 may proceed.
I understand you will make those changed by Examiner's Amendment.
Sincerely, Ted
Theodore R. Remaklus (Mr.)
Partner
Wood Herron & Evans LLP
2700 Carew Tower | 441 Vine Street | Cincinnati, Ohio 45202, U.S.A.
P: 513-241-2324 | D: 513-707-0263 | M: 513-289-9956
F: 513-241-6234
From: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Sent: Monday, September 14, 2020 3:44 PM
To: Ted Remaklus <tremaklus@whe-law.com>
Subject: TM Applications for "SPINACH" (serial nos. 88134047 & 88134047)
This email is intended for Theodore R. Remaklus and/or any authorized party
United States Trademark Application Serial Nos. 88134047 & 88134047 — “SPINACH”
Dear Mr. Remaklus,
I am the trademark examining attorney at the United States Patent and Trademark Office reviewing your above-referenced trademark applications. I have reviewed your response and discussed how to proceed with my manager and supervisors before reaching out. There are some things that we have to maintain the 2(a) refusal for regarding spinach not being an ingredient, particularly, Classes 3, 5, 29, 30, 32, and 33. Based on all this, I can propose the following amended identification:
Class 3:[2(a) refusal must be maintained]
Class 5:[2(a) refusal must be maintained]
Class 16: Printed material, namely, magazines, books, newsletters in the field of the treatment of stress, loss of appetite, anxiety, fatigue, pain, nausea, vomiting, muscle tension, muscle spasms, hypertension, epilepsy, glaucoma, multiple sclerosis, arthritis, Parkinson's disease, cancer, gastrointestinal illness, spinal cord injury, bi-polar disorder, depression and insomnia; writing pads; note paper; binders; adhesive note pads; calendars; notebooks; greeting cards, postcards; posters; decals, temporary tattoo transfers; bumper stickers
Class 25: Clothing, namely, shirts, t-shirts, jackets, sweatshirts, pants, sweatpants, sweaters, socks, shorts; head wear, namely, hats, caps, and cap visor; footwear, namely, sandals
Class 29:[2(a) refusal must be maintained]
Class 30:[2(a) refusal must be maintained]
Class 32:[2(a) refusal must be maintained]
Class 33:[2(a) refusal must be maintained]
Class 34: Herbs for smoking; preparations for vaporizer pipes, namely, electronic cigarette liquid for use in vaporizer smoking pipes; smoking pipes; oral vaporizers for smokers; water pipes for smoking; cigarette rolling papers; cigarette papers; smoking herb grinders; electronic cigarettes; cigarette lighters; matches
If you agree to the amendments above, I can make the change for you via an Examiner’s Amendment and the application may proceed. Note that the CSA and FDCA issues will still be revisited at the SOU stage.
Please feel free to call or email me to discuss these issues further. Thank you!
Sincerely,
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.