NOTE TO THE FILE
SERIAL NUMBER: 88312210
DATE: 04/23/2019
NAME: aelbayeh
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:
From: Hope V. Shovein [mailto:hshovein@brookskushman.com]
Sent: Tuesday, April 23, 2019 11:23 AM
To: El-Bayeh, Alexandra <Alexandra.El-Bayeh@USPTO.GOV>
Cc: Linda A. Nye <lnye@brookskushman.com>
Subject: RE: Proposed Amendment for Trademark Application 88312210 (RETHINK DINNER)
Noted with thanks.
Hope V. Shovein
Shareholder
BROOKS KUSHMAN, P.C.
1000 Town Center, 22nd Floor | Southfield, MI 48075
Direct: (248) 226-2805 | Main: (248) 358-4400
hshovein@brookskushman.com | www.brookskushman.com
IMPORTANT/CONFIDENTIAL: This message may be privileged, confidential, or exempt from disclosure under applicable law. If you have received this communication in error, please notify us immediately by return e-mail.
From: El-Bayeh, Alexandra <Alexandra.El-Bayeh@USPTO.GOV>
Sent: Tuesday, April 23, 2019 11:22 AM
To: Hope V. Shovein <hshovein@brookskushman.com>
Cc: Linda A. Nye <lnye@brookskushman.com>
Subject: RE: Proposed Amendment for Trademark Application 88312210 (RETHINK DINNER)
Dear Hope,
Thank you for letting me know, and I forgot to mention in my voicemail, but after discussing your other mark with my supervisor I actually don’t think the disclaimer is necessary here so I will proceed with the Examiner’s Amendment just for the identification change.
If anything else comes up I will let you know.
Sincerely,
Alexandra El-Bayeh
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 124
571-270-5911
From: Hope V. Shovein [mailto:hshovein@brookskushman.com]
Sent: Tuesday, April 23, 2019 11:09 AM
To: El-Bayeh, Alexandra <Alexandra.El-Bayeh@USPTO.GOV>
Cc: Linda A. Nye <lnye@brookskushman.com>
Subject: RE: Proposed Amendment for Trademark Application 88312210 (RETHINK DINNER)
Hi Alexandra:
Yes, the proposed disclaimer and ID amendments are acceptable.
Please proceed.
Thank you!
Hope
Hope V. Shovein
Shareholder
BROOKS KUSHMAN, P.C.
1000 Town Center, 22nd Floor | Southfield, MI 48075
Direct: (248) 226-2805 | Main: (248) 358-4400
hshovein@brookskushman.com | www.brookskushman.com
IMPORTANT/CONFIDENTIAL: This message may be privileged, confidential, or exempt from disclosure under applicable law. If you have received this communication in error, please notify us immediately by return e-mail.
From: El-Bayeh, Alexandra <Alexandra.El-Bayeh@USPTO.GOV>
Sent: Friday, April 19, 2019 9:38 AM
To: Hope V. Shovein <hshovein@brookskushman.com>
Cc: Linda A. Nye <lnye@brookskushman.com>; Trademarks <trademarks@brookskushman.com>
Subject: Proposed Amendment for Trademark Application 88312210 (RETHINK DINNER)
Dear Attorney Hope Shovein,
I have examined this application and it requires amendment before I can proceed, which I can correct from my end with your approval. In particular, you must amend the identification of goods in Class 32 and add a disclaimer statement.
Disclaimer
Applicant must disclaim the wording “DINNER” because it merely describes a feature of applicant’s goods and services and thus is an unregistrable component of the mark. Applicant should approve a disclaimer in the following standardized format: No claim is made to the exclusive right to use “DINNER” apart from the mark as shown.
Identification
Some of the wording you provided in the identification of goods for International Class 32 must be clarified because it is indefinite.
Applicant may substitute the following wording, if accurate:
Class 32: Beverages, namely, fruit and vegetable juices, drinks, smoothies, nutritionally fortified beverages and vitamin fortified beverages, frozen fruit beverages and frozen fruit-based beverages
If the situation is otherwise, please explain in your reply. Please note that I will take official action on this claim by April 24, 2019 if I do not hear back from you by that date.
Sincerely,
Alexandra El-Bayeh
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 124
571-270-5911