NOTE TO THE FILE
SERIAL NUMBER: 88296569
DATE: 04/24/2019
NAME: jgriffin
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:X OTHER:
From: Goh, Janice [mailto:JGoh@lb.com]
Sent: Wednesday, April 24, 2019 10:59 AM
To: Griffin, Jim <Jim.Griffin@USPTO.GOV>
Cc: GIPSC <GIPSC@bakermckenzie.com>
Subject: RE: SWEET PEA marks
Hi Jim,
Thank you for the note- please do make the change to register ‘569 and ‘595 under Section 2(f). Thank you!
Sincerely,
Janice Goh
From: Griffin, Jim [mailto:Jim.Griffin@USPTO.GOV]
Sent: Tuesday, April 23, 2019 5:57 PM
To: Goh, Janice <JGoh@lb.com>
Subject: [External] SWEET PEA marks
Importance: High
Hi Janice,
I have these three marks, all for SWEET PEA:
88296569 Cl 3
88296579 Cl 4
88296595 Cl 5
A sweat pea is a type of flower, so the mark is definitely descriptive, but for some reason your earlier reg (2574220) is registered straight up, no 2(d). But since you do have that registration, 88296569 and 88296595 can be registered under 2(f) based on ownership of that prior registration. I can make that change for you via examiner’s amendment if you’d like. Ser. no. 88296579 is both 1(b) (so not generally eligible for 2(f)), as well as being for candles, which are not close enough to the goods in the prior registration. So I’ll need to do a 2(e)(1) refusal on that one.
Jim
From: Goh, Janice [mailto:JGoh@lb.com]
Sent: Tuesday, April 23, 2019 4:54 PM
To: Griffin, Jim <Jim.Griffin@USPTO.GOV>; Smith, Teresa <TKSmith@lb.com>
Cc: BBWIP <BBWIP@lb.com>
Subject: RE: AFTERNOON APPLE PICKING trademark, ser. no. 88297526
Thank you Jim!
Sincerely,
Janice Goh