NOTE TO THE FILE
SERIAL NUMBER: 88326666
DATE: 05/03/2019
NAME: dbrookshire
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 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: Redfield IP [mailto:tm@redfieldip.com]
Sent: Thursday, May 02, 2019 6:23 PM
To: Brookshire, David <David.Brookshire@USPTO.GOV>
Cc: Anthony Olivas <aolivas@redfieldip.com>; Redfield IP <tm@redfieldip.com>
Subject: Re: SCIENCE POWERED BY NATURE PURECANE - Trademark Application Serial No. 88326666
Dear Examiner Brookshire,
We are not able to respond quickly to your inquiry. Please issue an office action and we will respond in due course.
Best regards,
Chris
From: "Brookshire, David" <David.Brookshire@USPTO.GOV>
Date: Saturday, April 27, 2019 at 1:04 PM
To: Redfield IP <tm@redfieldip.com>
Subject: SCIENCE POWERED BY NATURE PURECANE - Trademark Application Serial No. 88326666
Ms. Redfield,
I am the trademark examiner assigned to the mark SCIENCE POWERED BY NATURE PURECANE in Trademark Application Serial No. 88326666 (I am sending you a separate email regarding co-pending application Serial No. 88326640). There are two issues with the application that must be addressed before it can proceed.
First, the Office requires a disclaimer for the words “PURE CANE” as they are a generic identifier for sweeteners derived from pure cane sugar.
Second, we will need to amend the identification of goods to avoid a deceptive refusal and clarify that the products are in fact derived from pure cane sugar. I recommend “Zero-calorie sweetener derived through fermentation of cane syrup and consisting entirely of ingredients derived from cane sugar plants” if accurate.
Let me know if you approve of these changes and I can enter them into the record at which point the application should be in condition to proceed.
Regards,
David Brookshire
Examining Attorney
Law Office 114
(571) 272-7991