NOTE TO THE FILE
SERIAL NUMBER: 88200935
DATE: 01/28/2019
NAME: mribaudo
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
X 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: Smith, Michael T. [mailto:Michael.T.Smith@bskb.com]
Sent: Friday, January 25, 2019 1:46 PM
To: Ribaudo, Michelle <Michelle.Ribaudo@USPTO.GOV>
Cc: MailRoom <Mailroom@BSKB.com>; Kenney, Robert J. <RJK@BSKB.com>; Coutavas, John <John.Coutavas@bskb.com>
Subject: RE: Trademark Application Serial No. 88200935 LD LOUNGE; 3545-0389US1
Hi Ms. Ribaudo:
Further to your email below, we authorize entry of the proposed amendment to the identification of goods, which we understand will be entered by Examiner’s Amendment.
Please do not hesitate to contact us if anything further is needed from us.
Thank you for handling this matter informally.
Best regards,
Mike Smith
Michael T. Smith
Birch, Stewart, Kolasch & Birch, LLP
8110 Gatehouse Road, Suite 100 East
Falls Church, Virginia 22040-0747
Tel: 703.205.8048
Fax: 703.205.8050
From: Ribaudo, Michelle [mailto:Michelle.Ribaudo@USPTO.GOV]
Sent: Tuesday, January 22, 2019 5:56 PM
To: MailRoom
Subject: Trademark Application Serial No. 88200935 LD LOUNGE
Importance: High
Mr. Kenney,
My name is Michelle Ribaudo and I am the Trademark Examining Attorney assigned to application Serial No. 88200935 LD LOUNGE. There is just one minor issue with the application that will need to be addressed prior to moving the application forward.
Identification of Goods
The identification of goods needs to be amended, specifically the punctuation after the wording “cigarettes”, “electronic cigarettes”, “cigars”, and “cigarette papers” needs to be amended from commas to semicolons.
Proper punctuation in identifications is necessary to delineate explicitly each product within a list and to avoid ambiguity. Semicolons are used to separate distinct categories of goods, whereas commas are used to separate a series of related items identified within a particular category of goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).
If accurate, applicant can adopt the language below:
International Class 34: Tobacco; Smoking tobacco; pipe tobacco; cigarettes; electronic cigarettes; cigars; snuff; cigarette papers; cigarette paper tubes; Cigarette lighters not made of precious metal; matches
If you have any questions regarding this email, feel free to give me a call at the number provided below. Upon your clarification regarding the identification of goods, we can move the application forward. If I do not receive a response within 3 business days from receipt hereof, I will send you an Office Action regarding the contents herein. Thank you.
Sincerely,
Michelle Ribaudo, Esq.
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 126
(571) 270-3962
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.
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