NOTE TO THE FILE
SERIAL NUMBER: 88137980
DATE: 01/15/2019
NAME: lpham2
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:From: Jacob Wolf [mailto:jacob@wbattorneys.com]
Sent: Tuesday, January 15, 2019 1:57 PM
To: Pham, Lana <Lana.Pham@uspto.gov>
Subject: Re: Application Serial No. 88137980
He is a United States Citizen.
Thanks
Jacob Wolf
E. Jacob Wolf, Esq.
2035 York Road
Lutherville, MD 21093
(410) 321 – 1896
On Tue, Jan 15, 2019 at 1:52 PM Pham, Lana <Lana.Pham@uspto.gov> wrote:
Thank you, Mr. Wolf. I will change the entity type to individual. Will you provide me with his citizenship? Citizenships are required for individuals.
From: Jacob Wolf [mailto:jacob@wbattorneys.com]
Sent: Tuesday, January 15, 2019 1:44 PM
To: Pham, Lana <Lana.Pham@uspto.gov>
Subject: Re: Application Serial No. 88137980
Hello Attorney Pham:
Sorry for any confusion. I have confirmed with my client that the owner of the trademark would be Jonathan Blair (personally).
Best,
Jacob Wolf
E. Jacob Wolf, Esq.
2035 York Road
Lutherville, MD 21093
(410) 321 – 1896
On Tue, Jan 15, 2019 at 1:14 PM Pham, Lana <Lana.Pham@uspto.gov> wrote:
I am the attorney that’s been assigned to your client’s application. Upon review, the entity type for Application Serial No. 88137980 is unclear.
ENTITY IS UNCLEAR
If applicant is an individual, applicant should simply request that the legal entity be amended to “individual” and must indicate his/her country of citizenship for the record. TMEP §803.03(a). Alternatively, if applicant is a limited liability company, applicant must provide the correct name of the limited liability company and the U.S. state or foreign country of incorporation or organization. TMEP §803.03(h).
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration may be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
Please note that this email is sent as a courtesy to expedite the application process. Therefore, please email or call me to let me know how the applicant would like to clarify its entity type. If I don’t hear back from you, I will be issuing a formal Office action which will give the applicant six months to respond.
Thank you and have a great day!