NOTE TO THE FILE
SERIAL NUMBER: 88274771
DATE: 04/16/2019
NAME: karriola
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
X 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: Christopher A. Mitchell [mailto:CMitchell@dickinson-wright.com]
Sent: Tuesday, April 16, 2019 2:59 PM
To: Arriola, Kimberly <Kimberly.Arriola@USPTO.GOV>
Cc: DWTrademarks <DWTrademarks@dickinson-wright.com>; Rosanna A. Taylor <RATaylor@dickinson-wright.com>
Subject: RE: EXTERNAL: RE: U.S. Trademark Application No. 88274771 ROOT
Thank you, Examining Attorney Arriola.
In the interests of advancing the prosecution of this application, we elect the following identification:
Providing an online storefront with links to the goods and services of others, namely, on-line retail store services in the field of nutrition, beauty, and wellness
Thank you and kind regards.
/Chris Mitchell/
Christopher A. Mitchell Member
Phone
616-336-1058
Fax
844-670-6009
From: Arriola, Kimberly <Kimberly.Arriola@USPTO.GOV>
Sent: Tuesday, April 16, 2019 12:42 PM
To: Christopher A. Mitchell <CMitchell@dickinson-wright.com>
Cc: DWTrademarks <DWTrademarks@dickinson-wright.com>; Rosanna A. Taylor <RATaylor@dickinson-wright.com>
Subject: EXTERNAL: RE: U.S. Trademark Application No. 88274771 ROOT
Good afternoon Mr. Mitchell,
Unfortunately, the language of the first clause, “On-line retail store services in the field of nutrition, beauty and wellness”, would not be acceptable. The removal of the original language “Promoting the goods and services of others by means of operating an online storefront with links to the retail websites of others” from my original suggestion would broaden the scope of your client’s applied-for services.
However, the second clause “Promoting the goods and services of others by means of operating an online storefront with links to the retail websites of others featuring goods and services of others in the field of nutrition, beauty, and wellness”.
Please let me know by tomorrow, 5:00PM EST, April 17th, 2019, if your client is ok with moving forward with the second clause only or with my original suggestion in my first e-mail: “Providing an online storefront with links to the goods and services of others, namely, on-line retail store services in the field of nutrition, beauty, and wellness; Promoting the goods and services of others by means of operating an online storefront with links to the retail websites of others featuring goods and services of others in the field of nutrition, beauty, and wellness”.
Alternatively, if your client insists upon the language you have suggested below, I can issue you an Office Action detailing the requirements above and stated in my previous e-mail. Please feel free to give me a call or e-mail me back if you have any questions.
All my best,
Kimberly C. Arriola
Examining Attorney
Law Office 128
(571) 270-7984
From: Christopher A. Mitchell [mailto:CMitchell@dickinson-wright.com]
Sent: Friday, April 12, 2019 3:04 PM
To: Arriola, Kimberly <Kimberly.Arriola@USPTO.GOV>
Cc: DWTrademarks <DWTrademarks@dickinson-wright.com>; Rosanna A. Taylor <RATaylor@dickinson-wright.com>
Subject: RE: U.S. Trademark Application No. 88274771 ROOT
Importance: High
Good afternoon, Examining Attorney Arriola.
As the services include online retail which includes links to the goods and services of others, may we adopt the following:
“On-line retail store services in the field of nutrition, beauty and wellness; Promoting the goods and services of others by means of operating an online storefront with links to the retail websites of others featuring goods and services of others in the field of nutrition, beauty, and wellness”
Given the original identification of services, I believe that “on-line retail store services in the field of nutrition, beauty and wellness” falls within the scope of “[p]roviding an online storefront with links to…,” inasmuch as “with” does not exclude other online retail activity in the field of nutrition, beauty, and wellness.
Please let me know if the foregoing is acceptable. If not, we will work to develop an alternative identification prior to close of business on Monday.
Thank you and best regards.
/Chris Mitchell/
USPTO Bar member // MI Bar member
Christopher A. Mitchell Member
Phone
616-336-1058
Fax
844-670-6009
From: Arriola, Kimberly <Kimberly.Arriola@USPTO.GOV>
Sent: Friday, April 12, 2019 12:27 PM
To: Christopher A. Mitchell <CMitchell@dickinson-wright.com>
Cc: DWTrademarks <DWTrademarks@dickinson-wright.com>
Subject: U.S. Trademark Application No. 88274771 ROOT
Dear Mr. Mitchell,
I am the assigned trademark examining attorney for Trademark Application Serial No. 88274771 ROOT. There is just one minor amendment we need to make to the application before I can move the mark forward for publication.
Amendment of Identification of Services Required
The identification of services in the application is currently indefinite and needs to be amended to agree with the ID Manual. I have included two suggestions for amended wording below for International Class 035 (changes are in bold):
Providing an online storefront with links to the goods and services of others, namely, on-line retail store services in the field of nutrition, beauty, and wellness
Promoting the goods and services of others by means of operating an online storefront with links to the retail websites of others featuring goods and services of others in the field of nutrition, beauty, and wellness
Please e-mail or call me back letting me know what identification language your client would like to amend to I will issue an Examiner’s Amendment and move the application towards publication accordingly. If I do not hear from you by 5:00 PM EST, Monday, April 15th, 2019, I will issue a formal Office Action with the requirements above.
If you have any questions or concerns please feel free to e-mail me or call me at (571) 270-7984.
All my best,
Kimberly C. Arriola
Examining Attorney