NOTE TO THE FILE
SERIAL NUMBER: 88206548
DATE: 03/13/2019
NAME: awebster
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:
X 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:X OTHER:
From: Inez tenBraak [mailto:itenbraak@floramart.com]
Sent: Friday, March 08, 2019 12:17 PM
To: Webster, Alexis <Alexis.Webster@USPTO.GOV>
Cc: Inez tenBraak <itenbraak@floramart.com>
Subject: RE: 88206548 LIGHTING EVERY DESIGN Trademark Application
Dear Alexis,
Thank you for the update. As the Corporate Secretary, I confirm the proposed amended Identification of Goods: Class 11: Lighting devices for event design, namely, LED lights in the nature of fixtures, and assemblies for use in illuminating displays and display arrangements, and other decorative objects. Please confirm that this is sufficient and that you will issue an amendment and we do not need to respond to your Office Action email. Let me know if you need anything else.
I am available by telephone if you have any questions or comments.
Regards,
Inez
Inez ten Braak
Corporate Secretary/
Manager, Garcia Group, Inc.
Pete Garcia Company / Garcia Group, Inc.
5154 Peachtree Blvd.
Atlanta, GA 30341
Phone: (770) 458-8888
Fax: (770) 458-1718
From: Webster, Alexis [mailto:Alexis.Webster@USPTO.GOV]
Sent: Thursday, March 07, 2019 5:05 PM
To: Inez tenBraak
Subject: RE: 88206548 LIGHTING EVERY DESIGN Trademark Application
Inez,
Upon further review, we don’t need to further specify “decorative objects.” However, parts of the ID are still indefinite and require further amending. Specifically, “etc” is indefinite.
I propose the following:
Class 11: Lighting devices for event design, namely, LED lights in the nature of in the nature of fixtures, and assemblies
, etc.for use in illuminating displays and display arrangements, and other decorative objects.
If the above is acceptable, I would need the approval to come from someone who is a corporate office or someone with legal authority to bind the applicant company. TMEP 712.01 requires that for juristic applicants not represented by an attorney, “someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) must sign the response”.
V/r,
Alexis
Alexis Webster
Trademark Examining Attorney
USPTO | Law Office 112
600 Dulany Street, Alexandria, VA 22314
571-272-5463
From: Inez tenBraak [mailto:itenbraak@floramart.com]
Sent: Monday, March 04, 2019 1:28 PM
To: Webster, Alexis <Alexis.Webster@USPTO.GOV>
Cc: Inez tenBraak <itenbraak@floramart.com>
Subject: RE: 88206548 LIGHTING EVERY DESIGN Trademark Application
Dear Alexis,
Hello! Thank you for contacting us on this matter. Here is our proposed amended Identification of Goods:
Class 11: Lighting devices for event design, namely, LED lights in the nature of in the nature of fixtures, assemblies, etc. for use in illuminating displays and display arrangements, and other decorative objects in the nature of indoor and outdoor usage in the home, store (including retail, wholesale), event, and public space displays.
Please confirm that this is acceptable. I am available by telephone if you have any questions or comments.
Regards,
Inez
Inez ten Braak
Manager, Garcia Group, Inc.
Pete Garcia Company / Garcia Group, Inc.
5154 Peachtree Blvd.
Atlanta, GA 30341
Phone: (770) 458-8888
Fax: (770) 458-1718
From: Webster, Alexis [mailto:Alexis.Webster@USPTO.GOV]
Sent: Thursday, February 28, 2019 1:32 PM
To: Inez tenBraak
Subject: 88206548 LIGHTING EVERY DESIGN Trademark Application
Good Afternoon,
I am reviewing the above-referenced application for 88206548 LIGHTING EVERY DESIGN. In review of this application there is one issue that can be corrected without the necessity of an Office action.
Please respond as soon as is convenient, but no later than 5 PM EST on MONDAY 4 MARCH 2019.
Identification of Goods
We require an amended identification of the goods because the wording “lights” and “decorative objects” is indefinite. Specifically, the nature of the goods is unclear.
I propose the following amended Identification of Goods with suggested changes underlined and in bold:
Class 11: Lighting devices for event design, namely, LED lights in the nature of {specify e.g., “fixtures”, “bulbs”, “assemblies” etc} for use in illuminating displays and display arrangements, and other decorative objects in the nature of {specify function e.g., “retail store displays”}
If you provide the above requested specifications and your express authorization (e.g., return email, telephone call), I can amend the application, as noted above, and issue an Examiner’s Amendment.
Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707. All relevant e-mail communications will be placed in the official application record.
If you have any questions, please do not hesitate to contact me using the information provided in my signature block below. Thank you.
V/r,
Alexis
Alexis Webster
Trademark Examining Attorney
USPTO | Law Office 112
600 Dulany Street, Alexandria, VA 22314
571-272-5463