NOTE TO THE FILE
Sent to TICRS as Serial Number: 88217177SERIAL NUMBER: 88221448
DATE: 03/12/2019
NAME: rcoughlan
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:From: Clark Sullivan [mailto:clark@sullivanipsolutions.com]
Sent: Tuesday, March 12, 2019 3:14 PM
To: Coughlan, Rebecca <Rebecca.Coughlan@USPTO.GOV>
Subject: Re: USPTO Trademark Application No: 88217177 E5 PHARMA & 88221448 E5
Yes. Please do that.
Clark Sullivan
246 5th Ave Suite 422
New York NY 10001
(o) 212.652.0787
(c) 404.483.9360
On Mar 12, 2019, at 2:58 PM, Coughlan, Rebecca <Rebecca.Coughlan@USPTO.GOV> wrote:
No problem! Thanks for keeping me updated.
Do you still want me to do the Examiner’s Amendment for the disclaimer and the mark description?
From: Clark Sullivan [mailto:clark@sullivanipsolutions.com]
Sent: Tuesday, March 12, 2019 2:34 PM
To: Coughlan, Rebecca <Rebecca.Coughlan@USPTO.GOV>
Subject: Re: USPTO Trademark Application No: 88217177 E5 PHARMA & 88221448 E5
Hi Rebecca,
I’m sorry I have not been able to reach my client. Thanks for your patience, and feel free to issue a priority action.
Best regards,
Clark
Clark Sullivan
246 5th Ave Suite 422
New York NY 10001
(o) 212.652.0787
(c) 404.483.9360On Mar 12, 2019, at 9:53 AM, Coughlan, Rebecca <Rebecca.Coughlan@USPTO.GOV> wrote:
Good Morning Clark,
I am just following up to see if you were able to get clarification as to the identification of goods listed in the applications from your client. If I have not heard from you by this afternoon, I will go ahead and issue a priority action with the ID requirements and an Examiner’s Amendment for the disclaimer and mark description requirements as we discussed on the phone.
Please let me know if you have any questions.
Sincerely,
/Rebecca D. Coughlan/
Examining Attorney – Law Office 113
United States Patent & Trademark Office
(571) 272-4975 voice | rebecca.coughlan@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.
From: Coughlan, Rebecca
Sent: Thursday, March 07, 2019 5:23 PM
To: 'clark@sullivanipsolutions.com' <clark@sullivanipsolutions.com>; 'docketing@sullivanipsolutions.com' <docketing@sullivanipsolutions.com>
Subject: USPTO Trademark Application No: 88217177 E5 PHARMA & 88221448 E5
Good Afternoon Clark Sullivan,
I am reviewing the above referenced applications for your client, e5 Pharma, LLC. In review of these applications there are a few issues that can be corrected without the need for an office action.
1. Identification and Classification of Goods for both Applications:
We require an amended identification of the goods because the wording is indefinite and must be clarified. Specifically, the suggested identification would read, with suggested changes in bold:
IC 005: Nutritional supplements for human consumption; Pharmaceutical products for controlling and reducing seizures
Please let me know if you would approve of my amending the identifications as described.
2. Disclaimer Statement for application no 88217177:
Additionally, we require a disclaimer of the words “PHARMA” apart from the mark as shown because it is descriptive of applicants goods.
The suggested disclaimer would read:
“No claim is made to the exclusive right to use “PHARMA” apart from the mark as shown.”
Please let me know if you would approve of my adding the disclaimer as described.
3. Mark Description for application no. 88221448:
Lastly, we require an amended mark description for clarity. The suggested mark description would read:
The mark consists of a stylized letter “E” and stylized number “5” on a shaded circle.
In summary, we require the following approvals from you:
1) Amended Identification of Goods as described above for both applications.
2) Disclaimer as described above for application no. 88217177.
3) Amended Mark Description as described above for application no. 88221448.
Please respond no later than 4 PM EST on Monday, March 11, 2019.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. As always, the application is subject to final review before publication. Thank you.
Sincerely,
/Rebecca D. Coughlan/
Examining Attorney – Law Office 113
United States Patent & Trademark Office
(571) 272-4975 voice | rebecca.coughlan@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.