NOTE TO THE FILE
SERIAL NUMBER: 88328023
DATE: 05/17/2019
NAME: rwitkowski
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:Dear Mr Witkowski
Thank you for your work in reviewing these applications. All of the suggestions you state in the email below are accepted by our client.
Best regards,
JORGE ARCINIEGA
PartnerMcDermott Will & Emery LLP 2049 Century Park East, 38th Floor, Los Angeles, CA 90067-3218
Tel +1 310 551 9306 | Email jarciniega@mwe.com
**We are moving! Effective May 28, 2019 our new address will be:
2049 Century Park East, Suite 3200, Los Angeles, CA 90067-3206**
From: Witkowski, Ryan <Ryan.Witkowski@USPTO.GOV>
Sent: Friday, May 17, 2019 8:13 AM
To: Arciniega, Jorge <jarciniega@mwe.com>; IP Docket MWE <IPDocketMWE@mwe.com>
Subject: US App. Ser. Nos. 88328009 and 88328023
Dear Attorney Arciniega:
I am the attorney assigned to these cases at the U.S. Patent and Trademark Office.
There are issues preventing approval of the application for the next step of the registration process. The issue may be resolved by phone or email.
1. Certain wording in the identification of goods in both applications is indefinite. Applicant may amend the identification as stated below, if accurate (amended wording in bold):
Class 21: Plastic beverage bottles sold empty and coffee mugs
No amendment is required in the other classes.
2. In Serial No. 88328009, the mark description requires amendment to provide that the white spot is on the left side of the eye (this is consistent with Ser. No. 88328023, as well as other previous applications by the applicant). The mark description may be amended as follows:
The mark consists of a fanciful artistic rendition of a human eye, featuring a white spot in the upper left portion of the iris, to suggest reflected light. Above and beneath the eye are curved parallel black and white lines to indicate the top and bottom eyelids.
Please let me know if these amendments are acceptable. If so, I can enter these changes via Examiner’s amendment.
Please respond to this email or call me (you may leave a message of approval) by close of business on May 20, 2019, and I can make the changes to your application described above. If you do not contact me by then, I will have to issue an Office action requiring these changes.
Sincerely,
Ryan M. Witkowski
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 122
Telephone: 571-272-7584
Fax: 571-273-7584