NOTE TO THE FILE
SERIAL NUMBER: 88312838
DATE: 11/18/2019
NAME: kaurand
NOTE:
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: Joseph Andras (ama) <andras@myersandras.com>
Sent: Monday, November 18, 2019 3:39 PM
To: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Cc: Eric Hoover <hoover@myersandras.com>
Subject: RE: U.S. Trademark Application SN: 88312838 - WHATSITS (standard characters)
Dear Examiner Aurand –
Your suggested amendment is A-OK with the client.
Thank you for your help.
Joe
-------------------------------------------------
Joseph C. Andras
Myers Andras LLP
19900 MacArthur Blvd., Suite 530
Irvine, CA 92612
Phn: (949) 223-9600
Fax: (949) 223-9610
**Intellectual Property Lawyers**
Patents, Trademarks, Copyrights, Trade Secrets and Related Litigation
From: Joseph Andras (ama)
Sent: Wednesday, November 13, 2019 2:12 PM
To: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Cc: e1 - Eric Hoover - FYI Only (hoover@myersandras.com) <hoover@myersandras.com>
Subject: RE: U.S. Trademark Application SN: 88312838 - WHATSITS (standard characters)
Dear Examiner Aurand –
I will speak with the client and get back to you as soon as possible.
Thank you,
Joe
-------------------------------------------------
Joseph C. Andras
Myers Andras LLP
19900 MacArthur Blvd., Suite 530
Irvine, CA 92612
Phn: (949) 223-9600
Fax: (949) 223-9610
**Intellectual Property Lawyers**
Patents, Trademarks, Copyrights, Trade Secrets and Related Litigation
From: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Sent: Wednesday, November 13, 2019 1:54 PM
To: ja@maaklaw.com (distro) <ja@maaklaw.com>
Cc: Action at Myers Andras LLP <action@myersandras.com>
Subject: U.S. Trademark Application SN: 88312838 - WHATSITS (standard characters)
Mr. Joseph Andras,
My name is Kyle Aurand, and I am the examining attorney assigned to the above referenced trademark application, WHATSITS (standard characters). I have reviewed the Office action response and I would like your permission to make the following suggested amendment:
- Identification of Goods – I would like to clean up the language in the ID to make it ready better. If accurate, the identification can be amended to (additions appear in bold underline font; and deletions appear in
bold strikethrough font):
CLASS 16 – educational items, namely, educational activity sheets and pencil top erasers which are contained in a blind bag
which features an educational activity sheet and a related pencil top eraseras a surprise item, sold as a unit, andthe blind bagsmarketed to educators for motivational useby educatorsin the classroom
Thus, the final ID would read:
CLASS 16 – educational items, namely, educational activity sheets and pencil top erasers which are contained in a blind bag as a surprise item, sold as a unit, and marketed to educators for motivational use in the classroom
This should obviate the issued Section 2(d) refusal, and satisfy all outstanding requirements, and move the application forward.
If you agree, you may respond to this email and explicitly give me permission to make the amendment.
To expedite the examination process and avoid the need for a formal Office action, please contact me by Wednesday, November 20, 2019.
Thank you for your cooperation,
/Kyle Aurand/
Trademark Examining Attorney
Law Office 126
United States Patent & Trademark Office
(571) 270-3039