NOTE TO THE FILE
SERIAL NUMBER: 88223099
DATE: 12/11/2019
NAME: araja
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 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: Ben Laski <ben@laskilaw.com>
Sent: Wednesday, December 11, 2019 11:18 AM
To: Raja, Amer <Amer.Raja@USPTO.GOV>
Subject: Re: 88223099 - LE CAPRICE
Hi Amer,
I understand and appreciate you considering the arguments. Let’s move forward with an EA as you suggest and here’s the applicant’s address:
ADB Group, Inc
8230 Beverly Blvd. #17
Los Angeles CA 90048
Best,
-ben
Ben Laski
Law Offices of Benjamin Laski
15332 Antioch St., Suite 125
Pacific Palisades, CA 90272
Tel: 310.454.5280
email: ben@laskilaw.com
On Dec 10, 2019, at 5:05 PM, Raja, Amer <Amer.Raja@USPTO.GOV> wrote:
Mr. Laski,
Unfortunately your arguments pertaining to the Section 2(d) refusal were insufficient to overcome the refusal due to the relatedness of the goods and services along with the highly similar commercial impressions conveyed by the marks. That said, since you do have limited time with this file, I thought it would be best to reach out to you as early as possible for confirmation of the Examiner’s Amendment that would narrow the ID to Class 035: “Advertising, promotion, and marketing services in the nature of social media posts featuring facials and skin services, care products, makeup, cosmetics, and lotions; Advertising the goods and services of other via social media pages promoting facials and skin services, care products, makeup, cosmetics, and lotions”. The currently refused services in 035 and 044 would be deleted from the application.
I also noticed that the applicant’s address of record is listed as including a “c/o” address; pursuant to the implementation of the U.S. Counsel Rule and Domicile Requirements (see 37 CFR 2.2(o)-(p), 2.189 and Examination Guide 4-19) a “c/o” or “P.O. Box” cannot be accepted as the applicant’s address. As such, if you could please provide me with the applicant’s actual street address, I would be more than happy to enter the changes in the record to keep the application moving along. Please let me know how you would like to proceed as soon as possible since I will need to take an action on this file by this Thursday. Thank you.
Best regards,
Amer
/Amer Raja/
Trademark Examining Attorney
Law Office 121
Phone: (571)270-5936
E-mail: amer.raja@uspto.gov
<image001.jpg>
Please be aware 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.