NOTE TO THE FILE
SERIAL NUMBER: 88295885
DATE: 05/01/2019
NAME: khansrajh
NOTE:
Searched:
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Other:Checked:
Geographic significance
Surname
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Discussed file with
Attorney/Applicant via:
phone X 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 J. Hussin [mailto:chussin@boardmanclark.com]
Sent: Wednesday, May 01, 2019 11:06 AM
To: Hansrajh, Keton <Keton.Hansrajh@USPTO.GOV>; Docket_chussin <Docket_chussin@BoardmanClark.com>
Subject: RE: TRADEMARK APPLICATION - SERIAL NO. 88295885 (OXYSTAR) - RESPONSE REQUIRED BY TUESDAY 4/30/2019
Hi Keton:
Thank you for your prompt response.
If it makes it acceptable, we authorize you to amend class 017 as follows: Class 017: post-consumer plastic oxygen barrier sheeting for use in manufacture of retail and food packaging
With respect to Class 020, the applicant has a companion registration (US Trademark Reg. No. 5476336) which includes, among other goods in Class 020, the following identification: “thermoformed, injection molded and rigid plastic packaging, namely, display packages, blister packages not of paper or cardboard, containers, trays, covers and lids for food, medical, consumer, retail and commercial use.”
Yesterday, we authorized the following amendment to class 020:
Class 020: packaging containers of plastic; packaging containers of plastic for use in the food and retail industries; thermoformed, injection molded and rigid plastic packaging, namely, retail and point-of-purchase display packages, blister packages not of paper or cardboard, containers, trays, covers and lids for food and retail use
If a companion application has been published for opposition or has registered, the examining attorney may presume that the classification and identification of goods or services in the companion application or registration are acceptable, unless the identification or classification is clearly wrong. TMEP 702.03(a)(iv). In this case, and based on the amendment authorized yesterday, the subject application is even more definite than that of the companion registration. As such, the application seems acceptable for publication.
Please let me know your thoughts.
Thank you,
Chris
From: Hansrajh, Keton [mailto:Keton.Hansrajh@USPTO.GOV]
Sent: Wednesday, May 1, 2019 7:17 AM
To: Christopher J. Hussin <chussin@boardmanclark.com>; Docket_chussin <Docket_chussin@BoardmanClark.com>
Subject: RE: TRADEMARK APPLICATION - SERIAL NO. 88295885 (OXYSTAR) - RESPONSE REQUIRED BY TUESDAY 4/30/2019
Hi Chris,
Thank you for getting back to me.
For your Class 017 suggestion, we still need to know the nature of the wording “barrier”. For example, this would entail what the barrier protects against, such as vapor or dust.
For Class 020, your suggestion “retail and point-of-purchase” gives the purpose of the “display packages”, but we still don’t actually know what they are/what they look like. If it becomes too difficult to explain exactly what the display packages are, we could also just remove this wording from the ID to avoid confusion.
Please let me know if you have any questions and I look forward to hearing from you.
Best,
Keton Hansrajh
Trademark Examining Attorney, Law Office 128
U.S. Patent & Trademark Office
Phone: (571) 272-3396
From: Christopher J. Hussin [mailto:chussin@boardmanclark.com]
Sent: Tuesday, April 30, 2019 4:03 PM
To: Hansrajh, Keton <Keton.Hansrajh@USPTO.GOV>; Docket_chussin <Docket_chussin@BoardmanClark.com>
Subject: RE: TRADEMARK APPLICATION - SERIAL NO. 88295885 (OXYSTAR) - RESPONSE REQUIRED BY TUESDAY 4/30/2019
Hi Keton:
Thank you for your correspondence below.
Provided it is acceptable, please feel free to enter an Examiner’s amendment to amend the identification as follows:
Class 017: post-consumer plastic barrier sheeting for use in manufacture of retail and food packaging;
Class 020: packaging containers of plastic; packaging containers of plastic for use in the food and retail industries; thermoformed, injection molded and rigid plastic packaging, namely, retail and point-of-purchase display packages, blister packages not of paper or cardboard, containers, trays, covers and lids for food and retail use
I look forward to hearing from you. Also, if you have any questions or need anything further, please do not hesitate to contact me.
Thank you again,
Chris
From: Hansrajh, Keton [mailto:Keton.Hansrajh@USPTO.GOV]
Sent: Wednesday, April 24, 2019 2:00 PM
To: Docket_chussin <Docket_chussin@BoardmanClark.com>
Subject: TRADEMARK APPLICATION - SERIAL NO. 88295885 (OXYSTAR) - RESPONSE REQUIRED BY TUESDAY 4/30/2019
Dear Mr. Hussin,
I am the examining attorney assigned to the above-referenced application, and there is an issue with the identification of goods that must be resolved before I can move the application forward.
IDENTIFICATION OF GOODS
The entire ID for Class 017 and the wording “display packages” in Class 020 is indefinite and must be clarified because it fails to specify the nature, function or purpose of the goods.
The following amended identification of goods and/or services is suggested, if accurate, with changes highlighted in bold:
Class 017: post-consumer plastic {specify function or type of barrier, e.g, vapor, insulating infiltration, etc.} barrier sheeting for {specify purpose, e.g., use in the construction industry, etc.}
Class 020: packaging containers of plastic; packaging containers of plastic for use in the food and retail industries; thermoformed, injection molded and rigid plastic packaging, namely, {specify nature of display} display packages, blister packages not of paper or cardboard, containers, trays, covers and lids for food and retail use
While we need to agree on the particular functions to insert in the identification, with your authorization to do so, I can add the amended identification via Examiner’s Amendment before moving the application along for publication review. Alternatively, if you would like additional time to consider your response option, I can also prepare a Priority Action that will detail the identification requirement.
Please let me know by TUESDAY, APRIL 30 if you have any questions or would like to discuss further, and which of the above options are acceptable. If I have not heard from you by then, I’ll move forward with an Office Action formalizing the above issue.
Best,
Keton Hansrajh
Trademark Examining Attorney, Law Office 128
U.S. Patent & Trademark Office
Phone: (571) 272-3396