NOTE TO THE FILE
SERIAL NUMBER: 88308478
DATE: 05/07/2019
NAME: dbice
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
X Changed TRADEUPS to: Disclaimer and Identification of GoodsFrom: Devon E. White [mailto:DWhite@wyrick.com]
Sent: Tuesday, May 07, 2019 4:22 PM
To: Bice, Daniel <Daniel.Bice@USPTO.GOV>
Cc: Brandy Philip-Ellis <BPhilip-Ellis@wyrick.com>; Nina K. Dhillon <NDhillon@wyrick.com>; TMGROUP <TMGROUP@wyrick.com>
Subject: 025770.083 RE: USPTO - U.S. Serial No. 88308478 - Your application for "ALPHA KERATIN 60KU CLINICAL" in Class 5
Travis,
We authorize entry of the revisions to the claims and entry of the disclaimer as shown below.
Thanks,
Devon
From: Bice, Daniel <Daniel.Bice@USPTO.GOV>
Sent: Tuesday, May 7, 2019 1:16 PM
To: IP Practice <IP@wyrick.com>
Subject: USPTO - U.S. Serial No. 88308478 - Your application for "ALPHA KERATIN 60KU CLINICAL" in Class 5
Dear Ms. White:
Following up on our phone call yesterday, I would like to reiterate the suggested amendments by Examiner’s Amendment. Specifically, I require a disclaimer of the wording “ALPHA KERATIN” and “CLINICAL” in the mark as well as the below-suggested amendments to the identification of goods. As stated in my previous email, the identification requires an affirmative statement that the goods are made with “Alpha Keratin,” not merely “Keratin.” Further, the additional language of “cosmetic” is not necessary. Please see the suggested amendments to the identification of goods below, with changes made in bold and deletions
crossed through.
Class 005: “Medicated hair care preparations for preventing hair loss; Medicated hair care preparations for stimulating hair growth; Medicated hair care preparations for the treatment of the scalp; Medicated nail care preparations and treatments in the nature of medicated nail care preparations for the strengthening and growth of nails and for the enhancement of nail health; Medicated eyelash care preparations and medicated eyelash treatment gel for enhancing eyelash growth and for enhancing eyelash health; Medicated eye brow preparations and treatments in the nature of medicated serums and medicated creams for stimulating eyebrow hair growth and enhancement of eyebrow hair health; Medicated Hair care preparations and treatments, namely, medicated hair shampoos, medicated hair conditioners, medicated hair serums and medicinal oils for beard hair; all of the foregoing
containingmade in whole or in significant part with Alpha Keratin.”
Please indicate whether you authorize the above-suggested amendments to the identification of goods and the disclaimers of “ALPHA KERATIN” and “CLINICAL” in the mark.
Best regards,
Travis
D. Travis Bice, Esq.
Trademark Examining Attorney, Law Office 128
United State Patent and Trademark Office
Jefferson Building, 500 Dulany Street
Alexandria, Virginia 22314
Telephone: (571) 272-3385
Facsimile: (571) 273-6465
Email: daniel.bice@uspto.gov
All relevant e-mail communication will be placed in the official application record. The trademark examining attorney may provide additional explanation pertaining to the application, but may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.