NOTE TO THE FILE
SERIAL NUMBER: 88284885
DATE: 05/26/2020
NAME: tyoung2
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 via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search 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: Knychalski, Robert <robert.knychalski@unfi.com>
Sent: Friday, May 22, 2020 8:44 AM
To: Young, Thomas <Thomas.Young@USPTO.GOV>; IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: RE: Trademark Application - Wild Harvest (Serial No. 88284885)
Hi Mr. Young:
Yes, let’s proceed without Class 3 then.
Thanks,
Rob
Robert Knychalski
Senior Counsel, Corporate & Strategic TransactionsUNFI
313 Iron Horse Way, Providence, RI 02908
p : 401.528.8634 ext. 32102c : 401.256.1645
From: Young, Thomas <Thomas.Young@USPTO.GOV>
Sent: Friday, May 22, 2020 8:37 AM
To: Knychalski, Robert <robert.knychalski@unfi.com>; IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: RE: Trademark Application - Wild Harvest (Serial No. 88284885)
***EXTERNAL EMAIL***
Hi Mr. Knychalski,
Two of the registrations are for supplements in International Class 5, but the cited registration has “cosmetics” in International Class 3. The cotton balls, bath bomb, and non-medicated bath salts are related to cosmetics, so there would still be confusion even if the application were limited to those goods in International Class 3.
To confirm, would you like to proceed without International Class 3?
Thanks,
Thomas
From: Knychalski, Robert <robert.knychalski@unfi.com>
Sent: Friday, May 22, 2020 8:33 AM
To: Young, Thomas <Thomas.Young@USPTO.GOV>; IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: RE: Trademark Application - Wild Harvest (Serial No. 88284885)
Hi Mr. Young:
Would you at minimum be willing to grant us this class of goods in Class 3? Based on their class of goods, there is no overlap.
Cotton balls and rounds for cosmetic purposes, bath bomb, and non-medicated bath salts.
If not, then we will proceed with the application without Class 3 included as you offered. We appreciate your time.
Regards,
Rob
Robert Knychalski
Senior Counsel, Corporate & Strategic TransactionsUNFI
313 Iron Horse Way, Providence, RI 02908
p : 401.528.8634 ext. 32102c : 401.256.1645
From: Young, Thomas <Thomas.Young@USPTO.GOV>
Sent: Friday, May 22, 2020 6:37 AM
To: Knychalski, Robert <robert.knychalski@unfi.com>; IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: RE: Trademark Application - Wild Harvest (Serial No. 88284885)
***EXTERNAL EMAIL***
Hi Mr. Knychalski,
The proposed amendment would not obviate the likelihood of confusion. The conflicting goods are all of the goods set forth in International Class 3 in the application. If this is acceptable to the applicant, I can delete International Class 3 with an examiner’s amendment and then approve the application to proceed to publication.
Thomas
From: Knychalski, Robert <robert.knychalski@unfi.com>
Sent: Thursday, May 21, 2020 6:22 PM
To: Young, Thomas <Thomas.Young@USPTO.GOV>; IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: RE: Trademark Application - Wild Harvest (Serial No. 88284885)
Dear Mr. Young:
Thank you for your call the other day. While I understand that you would advance the application if we removed Class 3 in its entirety, in your earlier email you also mentioned just deleting the conflicting goods. We would like to preserve Class 3, but limit it to non-conflicting goods. Our proposal for a revised class of goods description in Class 3 would be as follows:
Cotton balls and rounds for cosmetic purposes, body wash, liquid bath soaps,
hair conditioner, shampoo, hand wash in the nature of nonmedicated liquid hand soap, Moisturizing body lotion, hand lotion, body scrub, bath bomb, body butter,bar soap, and non-medicated bath salts
We look forward to hearing back from you.
Regards,
Rob
Robert Knychalski
Senior Counsel, Corporate & Strategic TransactionsUNFI
313 Iron Horse Way, Providence, RI 02908
p : 401.528.8634 ext. 32102c : 401.256.1645
From: Young, Thomas <Thomas.Young@USPTO.GOV>
Sent: Thursday, May 14, 2020 11:42 AM
To: IPLegalTeam <IPLegalTeam@unfi.com>
Cc: Wiggins, Sean <sean.wiggins@unfi.com>
Subject: Trademark Application - Wild Harvest (Serial No. 88284885)
Importance: High
***EXTERNAL EMAIL***
Hi Mr. Knychalski,
I am the examining attorney for the trademark application for “WILD HARVEST” (Serial No. 88284885). This application had been suspended pending the disposition of two prior-filed applications. Previously the mark had been refused registration in International Class 3 because of three registered marks. I wanted to speak with you about amending the application to delete the conflicting goods so that the applicant may proceed with the remaining goods in the application.
Would you please give me a call at 571-272-5152 to discuss the application?
Thank you,
Thomas
Thomas Young
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 120
p: 571-272-5152