NOTE TO THE FILE
SERIAL NUMBER: 88257225
DATE: 04/02/2019
NAME: skumis
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: Oleg Mestechkin [mailto:OM@lawmlg.com]
Sent: Tuesday, April 02, 2019 9:40 AM
To: Kumis, Scott <Scott.Kumis@USPTO.GOV>
Cc: Marina Vaynerman <mv@lawmlg.com>; Mestechkin Law Group <info@lawmlg.com>; MyCase <mestechkin-law-group-pc-mD24bYfsxy@mycasemail.com>
Subject: RE: POSSIBLE EXAMINER'S AMENDMENT: Application No. 88257225 - MY CLOUD GROCER
Good Morning Examiner Kumis,
The proposed language is acceptable. Thank you very much for your thorough examination of this application.
Very truly yours,
--
Oleg A. Mestechkin, Esq.
Mestechkin Law Group P.C.
Tel. 212.256.1113
Fax. 646.365.2069
South Brooklyn: 1733 Sheepshead Bay Rd, Suite 29, Brooklyn, NY 11235
Times Square: 1001 Ave of the Americas, 11th Fl. New York, NY 10018
CONFIDENTIALITY NOTICE: This transmission (including any attachments) contains information which is confidential and/or subject to the attorney-client or work product privilege, and is intended solely for the recipient(s) identified above. Any interception, copying, distribution, disclosure or other use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately reply via e-mail and then delete the transmission from all forms of storage and destroy all hard copies.
From: Kumis, Scott <Scott.Kumis@USPTO.GOV>
Sent: Tuesday, April 2, 2019 7:42 AM
To: Oleg Mestechkin <OM@lawmlg.com>
Cc: Marina Vaynerman <mv@lawmlg.com>; Mestechkin Law Group <info@lawmlg.com>; MyCase <mestechkin-law-group-pc-mD24bYfsxy@mycasemail.com>
Subject: RE: POSSIBLE EXAMINER'S AMENDMENT: Application No. 88257225 - MY CLOUD GROCER
Good morning, Mr. Mestechkin.
Thank you for the quick reply on this matter. Before I issue the Examiner’s Amendment, I want to confirm the changes that I will make to the ID. I think adding the language “to perform electronic business transactions via a global computer network” is the broader of the two functions already listed. I recommend adding that to the last entry as follows (in bold):
Downloadable computer application software for retail businesses, namely, software for retail food merchants to order groceries; Downloadable computer e-commerce software to allow users to perform electronic business transactions via a global computer network; Downloadable computer software for retail merchants to perform electronic business transactions via a global computer network
If this is acceptable, please let me know by the end of the day today, April 2.
Best,
Scott N. Kumis
Trademark Examining Attorney
Law Office 125
Phone: 571-272-2693
Email: scott.kumis@uspto.gov
From: Oleg Mestechkin [mailto:OM@lawmlg.com]
Sent: Friday, March 29, 2019 10:29 AM
To: Kumis, Scott <Scott.Kumis@USPTO.GOV>
Cc: Marina Vaynerman <mv@lawmlg.com>; Mestechkin Law Group <info@lawmlg.com>; MyCase <mestechkin-law-group-pc-mD24bYfsxy@mycasemail.com>
Subject: RE: POSSIBLE EXAMINER'S AMENDMENT: Application No. 88257225 - MY CLOUD GROCER
Mr. Kumis,
I discussed this matter with the client and they agreed to the proposed changes. We are grateful for your courteous offer to enter these proposed changes via the Examiner’s Amendment.
Very truly yours,
--
Oleg A. Mestechkin, Esq.
Mestechkin Law Group P.C.
Tel. 212.256.1113
Fax. 646.365.2069
South Brooklyn: 1733 Sheepshead Bay Rd, Suite 29, Brooklyn, NY 11235
Times Square: 1001 Ave of the Americas, 11th Fl. New York, NY 10018
CONFIDENTIALITY NOTICE: This transmission (including any attachments) contains information which is confidential and/or subject to the attorney-client or work product privilege, and is intended solely for the recipient(s) identified above. Any interception, copying, distribution, disclosure or other use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately reply via e-mail and then delete the transmission from all forms of storage and destroy all hard copies.
From: Kumis, Scott <Scott.Kumis@USPTO.GOV>
Sent: Friday, March 29, 2019 8:50 AM
To: Oleg Mestechkin <OM@lawmlg.com>
Subject: POSSIBLE EXAMINER'S AMENDMENT: Application No. 88257225 - MY CLOUD GROCER
Good morning, Mr. Mestechkin.
I am the trademark examining attorney at the U.S. Patent and Trademark Office assigned to this application.
I have reviewed the application and have found two issues that we can handle through an Examiner’s Amendment. First, I am requiring a disclaimer of the wording “CLOUD GROCER”. Second, the last identification entry, “downloadable computer software for retail merchants,” is indefinite because it does not state a function of the software. I recommend adding language that is similar to the first two entries (“for retail food merchants to order groceries” or “to perform electronic business transactions via a global computer network”). Please let me know if you would like to add either of those functions, or something different.
If you do agree to these changes, please respond to this email by 4 p.m. EST, April 1. Please let me know if you have any questions.
Thank you,
Scott N. Kumis
Trademark Examining Attorney
Law Office 125
Phone: 571-272-2693
Email: scott.kumis@uspto.gov