NOTE TO THE FILE
SERIAL NUMBER: 88332162
DATE: 12/16/2019
NAME: kgoodwin1
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: Michelle E. Tochtrop <mtochtrop@pearne.com>
Sent: Wednesday, December 11, 2019 4:43 PM
To: Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV>
Cc: Rachel P. Koll <rkoll@pearne.com>
Subject: RE: THE INKEY LIST Serial No. 88332162
Hello Katrina,
I confirm that you can proceed with the below suggested examiner’s amendment, namely,
non-medicated preparations for the bath and shower; beauty care preparations in the nature of cosmetics; make-up kits comprised of non-medicated cosmetics, namely, lipstick and lip gloss; make-up setting spray
Should you need anything else, please let me know.
With kind regards,
Michelle
From: Goodwin, Katrina <Katrina.Goodwin@USPTO.GOV>
Sent: Tuesday, December 10, 2019 2:45 PM
To: Trademark Docket <tmdocket@pearne.com>
Cc: Michelle E. Tochtrop <mtochtrop@pearne.com>; Rachel P. Koll <rkoll@pearne.com>
Subject: RE: THE INKEY LIST Serial No. 88332162
Correction the clause “make-up setting spray.'” contains an apostrophe not a comma.
From: Goodwin, Katrina
Sent: Tuesday, December 10, 2019 2:33 PM
To: tmdocket@pearne.com
Cc: mtochtrop@pearne.com; rkoll@pearne.com
Subject: THE INKEY LIST Serial No. 88332162
Dear Mr. Tochtrop:
I have reviewed the response to the Office action. There are a few identification issues remaining and the issues may be resolved via examiner’s amendment.
The wording “preparations for the bath and shower; beauty care preparations” is indefinite and overbroad because it could include medicated goods in Class 5. The wording “make-up kits comprised of non-medicated cosmetics, eg, lipstick, lip gloss” fails to identify particular goods because of the inclusion of the term “eg”. The punctuation in the clause “make-up setting spray.'” must be corrected to remove the period and also the comma that appears to be misplaced.
In lieu of a full recitation of goods, the following replacement wording is suggested and may be adopted: “non-medicated preparations for the bath and shower; beauty care preparations in the nature of cosmetics; make-up kits comprised of non-medicated cosmetics, namely, lipstick and lip gloss; make-up setting spray
Kindly contact me on or before 12.13.19 to resolve these issues. I look forward to your reply.