NOTE TO THE FILE
SERIAL NUMBER: 88223610
DATE: 11/02/2020
NAME: ahesik
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:X OTHER: See email below.
From: Scott Brenner <sbrenner@thowardlaw.com>
Sent: Friday, October 30, 2020 7:32 PM
To: Hesik, April <april.hesik@USPTO.GOV>
Subject: RE: 88223610 Trademark application - LUSH
Ms. Hesik,
I conferred with my client. Yes, please enter the Examiner’s amendment.
Have good weekend.
Scott Brenner, Esq.
THOMAS P. HOWARD, LLC
842 W. South Boulder Rd., Suite 100
Louisville, CO 80027
Phone: (303) 665-9845
Fax: (303) 665-9847
Email: sbrenner@thowardlaw.com
Web Site: http://www.thowardlaw.com
This communication, including any attached documents, are only for the intended recipients. It may contain information that is privileged, confidential, and exempt from disclosure. If you have received this message in error, please do not read, use, copy, distribute, or disclose the message’s contents and any attachments. Instead, please delete the message and any attachments and notify the sender immediately. Thank you.
From: Hesik, April [mailto:april.hesik@USPTO.GOV]
Sent: Friday, October 30, 2020 8:04 AM
To: Scott Brenner <sbrenner@thowardlaw.com>
Subject: RE: 88223610 Trademark application - LUSH
Hi Scott,
Thanks for following up. Your proposed id is fine in theory to overcome the citation, but would have to be slightly clarified and reclassified in the Class 32. I suggest the following wording:
International Class 32: Non-alcoholic mixes in the nature of a dry spice mix used in the preparation of cocktails.
Let me know if you’d like to me to enter this with an Examiner’s amendment.
Thanks—
April
April Hesik
Trademark Examining Attorney
Law Office 124
United States Patent and Trademark Office
(571) 272-4735
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: Scott Brenner <sbrenner@thowardlaw.com>
Sent: Wednesday, October 28, 2020 6:11 PM
To: Hesik, April <april.hesik@USPTO.GOV>
Subject: RE: 88223610 Trademark application - LUSH
Ms. Hesik,
I am following up on our September 1, 2020, conversation. I had proposed amending the 88223610 application to identify the goods as "dry spice mix for use in mixing cocktails." I believe this narrowing of the goods should avoid any confusion with the 6,096,647 registration.
If you agree, please let me know and I will file a voluntary amendment.
Scott Brenner
303-665-9845
From: Scott Brenner
Sent: Tuesday, September 01, 2020 9:23 AM
To: Hesik, April <april.hesik@USPTO.GOV>
Subject: Re: 88223610 Trademark application - LUSH
Ms. Hesik,
Thank you for letting me know. I will talk to my client today.
Scott Brenner, Esq.
THOMAS P. HOWARD, LLC
842 W. South Boulder Rd., Suite 100
Louisville, CO 80027
Phone: (303) 665-9845
Fax: (303) 665-9847
Email: sbrenner@thowardlaw.com
Web Site: http://www.thowardlaw.com
CONFIDENTIALITY NOTICE: This communication, including any attached documents, are only for the intended recipients. It contains information that may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this communication, please do not copy, distribute, or use of this communication or its contents for any purpose. If you have received this communication by mistake, please notify the sender immediately by electronic mail and destroy all forms of this communication (electronic or paper). Thank you.
Scott Brenner
303-665-9845
From: Hesik, April <april.hesik@USPTO.GOV>
Sent: Tuesday, September 1, 2020 7:49:43 AM
To: Scott Brenner <sbrenner@thowardlaw.com>
Subject: RE: 88223610 Trademark application - LUSH
Hi Scott,
Thanks for following up. I need to issue a 2(d) refusal based on Reg. No. 6096647. You had mentioned that your client's goods are intended as a cocktail spice. If you propose a limitation to the current id that obviates the relationship of the goods, I may be able to avoid the refusal. Please let me know of a proposed amendment and we can discuss. Otherwise, you can wait until I issue the refusal (in a few weeks) and we can take in from there.
Sincerely,
April Hesik
Trademark Examining Attorney
Law Office 124
United States Patent and Trademark Office
(571) 272-4735
april.hesik@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.
-----Original Message-----
From: Scott Brenner <sbrenner@thowardlaw.com>
Sent: Tuesday, August 25, 2020 1:35 PM
To: Hesik, April <april.hesik@USPTO.GOV>
Subject: RE: 88223610 Trademark application - LUSH
Ms. Hesik,
I am writing to follow up on the above cited application. I have not received any notice of an office action or publication. Is there any additional information you need from me?
Scott Brenner
303-665-9845
-----Original Message-----
From: Hesik, April [mailto:april.hesik@USPTO.GOV]
Sent: Tuesday, July 14, 2020 2:39 PM
To: Scott Brenner <sbrenner@thowardlaw.com>
Subject: RE: 88223610 Trademark application - LUSH
Thanks for letting me know. I will lift the suspension and issue an action, likely in the next week.
April Hesik
Trademark Examining Attorney
Law Office 124
United States Patent and Trademark Office
(571) 272-4735
april.hesik@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.
-----Original Message-----
From: Scott Brenner <sbrenner@thowardlaw.com>
Sent: Friday, July 10, 2020 12:22 PM
To: Hesik, April <april.hesik@USPTO.GOV>
Subject: 88223610 Trademark application - LUSH
Ms. Hesik,
In March of 2019 you issued a notice of suspension of the 88223610 application citing application number 87103877. I am writing to let you know the '877 application has matured into a registration and the suspension should be lifted.
http://tsdr.gov.uspto.report/#caseNumber=87103877&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch
Scott Brenner, Esq.
THOMAS P. HOWARD, LLC
842 W. South Boulder Rd., Suite 100
Louisville, CO 80027
Phone: (303) 665-9845
Fax: (303) 665-9847
Email: sbrenner@thowardlaw.com
Web Site: http://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.thowardlaw.com%2F&data=02%7C01%7Capril.hesik%40USPTO.GOV%7Ca1d0adc54a564d6d39e808d8491d3799%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C637339737129700141&sdata=Jve2NEPUVGs3gcLcFpJ89XFKv9fT0pKImT4mEnMR%2BO4%3D&reserved=0
CONFIDENTIALITY NOTICE: This communication, including any attached documents, are only for the intended recipients. It contains information that may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this communication, please do not copy, distribute, or use of this communication or its contents for any purpose. If you have received this communication by mistake, please notify the sender immediately by electronic mail and destroy all forms of this communication (electronic or paper). Thank you.