NOTE TO THE FILE
SERIAL NUMBER: 88240066
DATE: 07/31/2019
NAME: slawrence
NOTE:
From: Lawrence, Sue
Sent: Wednesday, July 31, 2019 2:14 PM
To: Jonathan Manfre <jmanfre@redcon1.com>
Subject: RE: U.S. APPLICATION SERIAL NO. 88240066 - MRE
Mr. Manfre –
With regard to your first question – “I wanted to confirm that this means that the opposition was successful and the mark will proceed” – I’m not completely sure what you’re asking, but the time for opposing the mark has not yet begun. The mark will be published on 8/20/2019 – and will be published for 30 days during which time, the public is on notice that the applied-for mark has been approved, and can be opposed during this time. Once the publication time is up (after 30 days), the mark cannot be opposed, and will then proceed to register.
With regard to App. Serial No. 88240068, you must file a response responding to any issues in that case. Simply because one application was approved does not obviate a refusal in another application – there must be a complete record in each application and you must respond to the refusal in that case.
Finally, with regard to the 3rd application, you must speak to the examiner assigned to that application and discuss the issues pertaining to that case. I do not have any discretion in an application which is not assigned to me – and, I do not know the specific issues in that case. You may indicate to her that another related application was approved, but she must make her own decision with regard to a particular case and the facts of that case.
Best regards,
Susan K. Lawrence
Susan Kastriner Lawrence
Examining Attorney
Law Office 116
(571) 272-9186
From: Jonathan Manfre [mailto:jmanfre@redcon1.com]
Sent: Tuesday, July 09, 2019 2:00 PM
To: Lawrence, Sue <Sue.Lawrence@USPTO.GOV>
Subject: U.S. APPLICATION SERIAL NO. 88240066 - MRE
Hi Ms. Lawrence,
This is Jay Manfre, the Chief Legal Officer for Redcon1. We spoke on the phone a few weeks ago and I submitted the opposition to the Office Action dated Feb. 11, 2019. I noticed that the status has changed to, "Approved by the examining attorney for publication but has not yet published for opposition. Although rare, withdrawal of approval prior to publication may occur after final review. The opposition period begins on the date of publication." I wanted to confirm that this means that the opposition was successful and the mark will proceed.
Additionally, if the mark MRE has succeeded, I wanted to request that the mark "MRE LITE" U.S. APPLICATION SERIAL NO. 88240068 also proceed to registration as the Office Action for that mark was based on the same refusal.
Finally, there is another mark in the "MRE" family "MRE BAR" U.S. APPLICATION SERIAL NO. 87863270. The MRE BAR trademark was issued an Office Action from a colleague of yours named Cynthia R. Smith. That Office Action is also refused as "merely descriptive." If the "MRE" trademark has successfully proceeded to registration, is it possible for you to communicate with Ms. Smith regarding the "MRE BAR".
Thank you very much, if you need anything else from me please don't hesitate to ask.
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