NOTE TO THE FILE
SERIAL NUMBER: 88296579
DATE: 10/30/2019
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:
X 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: Griffin, Jim [mailto:Jim.Griffin@USPTO.GOV]
Sent: Wednesday, October 30, 2019 10:43 AM
To: Goh, Janice <JGoh@lb.com>
Cc: Smith, Teresa <TKSmith@lb.com>; BBWIP <BBWIP@lb.com>
Subject: [External] RE: MARSHMALLOW PUMPKIN LATTE, ser. no. 88336550
Yes, as long as it’s after 4:00 because I’m also in a conference. Albeit listening to it via webcast. Does 4:30 work?
From: Goh, Janice <JGoh@lb.com>
Sent: Wednesday, October 30, 2019 10:00 AM
To: Griffin, Jim <Jim.Griffin@USPTO.GOV>
Cc: Smith, Teresa <TKSmith@lb.com>; BBWIP <BBWIP@lb.com>
Subject: RE: MARSHMALLOW PUMPKIN LATTE, ser. no. 88336550
Hi Jim,
Apologies for the delay, we were out an offsite for work. Are you available for a call today to discuss?
Sincerely,
Janice Goh
From: Griffin, Jim [mailto:Jim.Griffin@USPTO.GOV]
Sent: Wednesday, October 30, 2019 9:31 AM
To: Goh, Janice <JGoh@lb.com>
Cc: Smith, Teresa <TKSmith@lb.com>; BBWIP <BBWIP@lb.com>
Subject: [External] RE: MARSHMALLOW PUMPKIN LATTE, ser. no. 88336550
Importance: High
Janice/Teresa,
Can you please let me know about this one and SWEET PEA when you have a chance?
Thx,
Jim
From: Griffin, Jim
Sent: Monday, October 28, 2019 1:19 PM
To: Goh, Janice <JGoh@lb.com>
Cc: Smith, Teresa <TKSmith@lb.com>; BBWIP@lb.com
Subject: MARSHMALLOW PUMPKIN LATTE, ser. no. 88336550
Importance: High
Hi Janice,
On this one, I’m going to have to stick on the 2(d). The goods are identical (in part) and the marks are identical with regard to PUMPKIN LATTE.
Do you have any interest in deleting “fragrance emitting wicks for room fragrance, room fragrances, room fragrance refills for electric and non-electric room fragrance dispensers, scented oils used to produce aromas when heated, scented room sprays, home fragrance oils” in Class 3 and “Candles” in Class 4? Or should I issue the final refual?
Jim
From: Griffin, Jim
Sent: Monday, October 28, 2019 11:32 AM
To: Goh, Janice <JGoh@lb.com>
Cc: Smith, Teresa <TKSmith@lb.com>; BBWIP@lb.com
Subject: SWEET PEA, ser. no. 88296579
Importance: High
Hi Janice,
Based on your response and your evidence, I will allow this one on 2(f) even though it’s 1(b). Since your response never had all the magic 2(f) words in the normal format, I’ll do an examiner’s amendment to make the change. It will read:
The mark has become distinctive of the goods as evidenced by the ownership of active U.S. Registration Nos. 2574220, 5850122 and 5850125 on the Principal Register for the same mark for sufficiently similar goods.
Please confirm this is what was intended.
Jim