NOTE TO THE FILE
SERIAL NUMBER: 88235883
DATE: 03/22/2019
NAME: hdaham
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: Biedinger, Kristin [mailto:kbiedinger@tuckerlaw.com]
Sent: Wednesday, March 20, 2019 9:25 AM
To: Daham, Haneen <Haneen.Daham@USPTO.GOV>
Subject: RE: U.S. Trademark Application Serial Nos. 88235852, 88235883, and 88235869 - Response to Examiner's Amendment Requested
Please see the correspondence information below (both U.S. citizens):
Mijung Park
PO BOX 22244
San Francisco CA 94122
Steve Gough
101 Forest Hills Road
Pittsburgh, PA 15221
Thanks,
Kristin
Kristin A. Biedinger, Esq.
1500 One PPG Place | Pittsburgh, PA 15222
Phone: 412.594.3916 | Fax: 412.594.5619
THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
From: Daham, Haneen [mailto:Haneen.Daham@USPTO.GOV]
Sent: Monday, March 18, 2019 11:43 AM
To: Biedinger, Kristin <kbiedinger@tuckerlaw.com>
Subject: RE: U.S. Trademark Application Serial Nos. 88235852, 88235883, and 88235869 - Response to Examiner's Amendment Requested
External Email: Use Caution When Opening Attachments or Links.
This email is intended for Kristin Biedinger and/or any authorized party.
U.S. Trademark Application Serial Nos. 88235852, 88235883, and 88235869
Dear Ms. Biedinger:
Thank you for your quick response; I look forward to your follow-up email.
I also just examined applicant’s co-pending applied-for mark, 15 SECONDS TO FITNESS, Serial No. 88235883, and the same entity type issue is present in that application. Once you provide the correspondence information and country of citizenship for both applicants, I will issue an Examiner’s Amendment for all three above-referenced trademark applications.
Feel free to call or email me with any questions. Thank you!
Respectfully,
Haneen A. Daham, Esq.
Trademark Examining Attorney
Law Office 127
United States Patent and Trademark Office
T: (571) 272-1628
F: (571) 273-6395
From: Biedinger, Kristin [mailto:kbiedinger@tuckerlaw.com]
Sent: Sunday, March 17, 2019 9:02 AM
To: Daham, Haneen <Haneen.Daham@USPTO.GOV>
Subject: RE: U.S. Trademark Application Serial Nos. 88235852 and 88235869 - Response to Examiner's Amendment Requested
Thank you for your email. The applications are both co-owned by the applicants as individuals (no partnership). I have reached out to the individuals for an address and I will follow up ASAP.
Thanks,
Kristin
Kristin A. Biedinger, Esq.
1500 One PPG Place | Pittsburgh, PA 15222
Phone: 412.594.3916 | Fax: 412.594.5619
THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
From: Daham, Haneen [mailto:Haneen.Daham@USPTO.GOV]
Sent: Saturday, March 16, 2019 2:59 PM
To: Biedinger, Kristin <kbiedinger@tuckerlaw.com>
Subject: U.S. Trademark Application Serial Nos. 88235852 and 88235869 - Response to Examiner's Amendment Requested
External Email: Use Caution When Opening Attachments or Links.
This email is intended for Kristin Biedinger and/or any authorized party.
U.S. Trademark Application Serial Nos. 88235852 and 88235869
Dear Ms. Biedinger:
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your above-referenced applications, and I write to discuss the following issue with you:
Entity Type Unclear
The application will be ready to move forward once the applicants clarify their entity type. Applicants entered two (2) names in the “OWNER OF MARK” field in the “APPLICANT INFORMATION” section of the application, but identified the entity as an “INDIVIDUAL.” Applicants should clarify if the legal entity is a “PARTNERSHIP” or simply an “INDIVIDUAL.” If the applicants are part of a legally organized partnership, they must provide the legal name of the partnership and specify the state or foreign country under whose laws the partnership is organized. See TMEP 803.03(b). For U.S. partnerships, these individuals must also list, if not yet specified, the names, legal entities, and national citizenship (for individuals), or the U.S. state or foreign country of organization or incorporation (for business) of all general partners. For foreign partnerships, the names and citizenships of the general partners are not required.
However, if these individuals are applying together as joint owners/applicants with a legal entity type of “INDIVIDUAL,” they must each provide their full name, correspondence information, and country of citizenship. See TMEP 803.03(d).
Alternatively, if applicants provide information indicating that they are not the owners of the mark, registration will be refused under Trademark Act Section 1 because the application was void as filed, and an application must be filed by the true owner(s) of a mark.
Once the applicants clarify the entity type, I will issue an Examiner’s Amendment accordingly, and the application may proceed toward registration. Please let me know by Wednesday, March 20, 2019.
Feel free to call or email me to discuss this issue further. Thank you!
Respectfully,
Haneen A. Daham, Esq.
Trademark Examining Attorney
Law Office 127
United States Patent and Trademark Office
T: (571) 272-1628
F: (571) 273-6395