NOTE TO THE FILE
SERIAL NUMBER: 88252671
DATE: 03/30/2020
NAME: jmarino
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:Dear Elle,
We agreed to all your proposed changes. Please proceed.
Please stay healthy and have a great weekend.
Sincerely,
Alice Denenberg
Attorney at Law
270 Madison Avenue, 8th Floor, New York, NY 10016
D: (646) 813-3577 | O: (212) 684-3900
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From: Marino, Elle <Elle.Marino@USPTO.GOV>
Sent: Friday, March 27, 2020 8:48 AM
To: Alice Denenberg <adenenberg@grr.com>
Subject: RE: DMD Applications 88252671 and 88976127
Hi Alice,
I have reviewed the responses and just need to make a few small changes before being able to move this application forward.
First, with respect to the identification of services in Class 035 of 88252671, the wording “Providing a web site featuring information in the nature of professional biographical information on physicians' for the purpose of assisting prospective patients in making physician selection decisions” is still broad enough to encompass a few classes. To ensure proper classification in Class 035, since it is information for prospective patients, i.e., consumers, to use to make decisions, the wording “consumer information” should be added to the beginning. If accurate, the following is suggested:
International Class 035: Online business directory featuring medical cannabis doctors, dispensaries, and clinics; Advertising and directory services, namely, promoting the services of others by providing a web directory featuring links to the websites of others; Healthcare management service organization (MSO) services, namely, providing practice organization, management and administrative support services to individual physicians or small group practices; Affiliate marketing; Online promotion of computer networks and websites; Providing a searchable online advertising website and informational guide featuring the goods and services of other vendors via the internet in the field of physicians servicing the medical cannabis industry; Providing consumer information via a web site featuring information in the nature of professional biographical information on physicians' for the purpose of assisting prospective patients in making physician selection decisions; Medical referrals; physician referrals; Medical data management services, namely, electronic data collection for business purposes for medical practice management
Second, with the marks being MD, the 2(d) refusals will be dropped with a disclaimer of the wording “MD” in the mark (and is consistent with the prior reg). The following statement should be entered into the record for both 88252671 and 88976127:
No claim is made to the exclusive right to use “MD” apart from the mark as shown.
Please let me know if these amendments are acceptable by COB on Tuesday, March 31st. If so, I can make the changes on my end via Examiner’s Amendment and move the application forward. Thank you – hope you are staying safe and healthy!