NOTE TO THE FILE
SERIAL NUMBER: 88320448
DATE: 05/12/2019
NAME: jtosh
NOTE:
Searched:
X Google
X Lexis/Nexis
X OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
X Geographic significance
X Surname
X 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 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: Victor Wu [mailto:victorwutrademark@gmail.com]
Sent: Sunday, May 12, 2019 3:13 AM
To: Tosh, Jennifer <Jennifer.Tosh@USPTO.GOV>
Subject: Re: Potential Examiner's Amendment for Trademark Application Serial No. 88320448, YOSHIKO
Dear examiner Tosh,
Can we include all your suggested items? If not then sunscreen cream would be fine.
Thank you
Sent from my iPhone
On May 10, 2019, at 5:05 PM, Tosh, Jennifer <Jennifer.Tosh@uspto.gov> wrote:Dear Mr. Wu,
I’d be happy to assist with the examiner’s amendment; thanks for your reply. Let me know what clarification you and your client would like to enter with respect to the sunscreen portion, and I’ll go ahead and enter the changes for you.
Thanks,
Jen
Jennifer Tosh
Examining Attorney
Law Office 105
United States Patent and Trademark Office
(571) 270-7392
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From: Victor Wu [mailto:victorwutrademark@gmail.com]
Sent: Friday, May 10, 2019 5:00 PM
To: Tosh, Jennifer <Jennifer.Tosh@USPTO.GOV>
Subject: Re: Potential Examiner's Amendment for Trademark Application Serial No. 88320448, YOSHIKO
Dear examiner Tosh,
Yes, please help us enter the examiner’s amendment.
Thank you
Sent from my iPhone
On May 10, 2019, at 10:45 AM, Tosh, Jennifer <Jennifer.Tosh@uspto.gov> wrote:Dear Mr. Wu,
I am the attorney from the United States Patent and Trademark Office assigned to examine the above-referenced U.S. Trademark Application.
So far, the application looks fine; however, part of the identification of goods needs to be clarified before the mark can be approved for publication. Specifically, the wording “face cleansers” should be amended to “facial cleansers” and “total sunscreen” is indefinite because it is unclear what the good is (the word “total” makes the id indefinite and should be clarified and/or deleted). See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01.
The following amended language is suggested (applicant’s wording in original font, examiner’s suggested language in bold, (additional suggestions bracketed in bold and italics):
CLASS 3: Non-medicated skin care preparations; Cosmetics, namely, creams, gels, lotions, milks and powders for the face, the body and the hands; Perfume; toilet water; non-medicated gels and salts for the bath and shower; Non-medicated sun care preparations and aftersun milks, gels and oils; essential oils for personal use; Make up- foundations; facial concealer; BB cream; Astringents for cosmetic purposes; skin moisturizer; facial cleanser; after shave; shaving balm; skin lotions; non-medicated soaps; hair shampoos; bath and shower foams and gels; body deodorants; non-medicated skin lotions for treatment of skin spots; sunscreen preparations and tanning cosmetics, namely, self-tanning milk, pre-sunning milk, anti-sun wrinkle creams, sunscreen {specify Class 3 type of sunscreen, e.g., cream, waterproof sunscreen} , high protection sunscreen creams
With your authorization, I can enter the amendment on your behalf with an Examiner's Amendment. Entering the required amendments in this manner does not require any fee and would eliminate the need for issuance of a formal Office Action and for filing of a formal Response to Office Action. You can authorize the proposed Examiner's Amendment by return email or by calling me at the number below. If I do not hear from you by Tuesday, May 14, 2019, I will issue an Office Action requiring the amendments and you will have six months to respond.
Of course, feel free to contact me if I can answer any questions or be of any assistance.
Warm regards,
Jen
Jennifer Tosh
Examining Attorney
Law Office 105
United States Patent and Trademark Office
(571) 270-7392
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Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.