NOTE TO THE FILE
SERIAL NUMBER: 88352127
DATE: 09/17/2019
NAME: jhilliard
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 Ms. Hilliard,
The applicant accepts your proposed amendment to the identification of goods. Please proceed with the Examiner's Amendment.
Thank you.
Sincerely,
Gregory F. Buhyoff
On 9/13/2019 5:28 AM, Hilliard, Jessica wrote:
Good morning,
I am contacting you regarding Serial No. 88352127 for the mark “XHAKA”. This application was approved for publication on August 2, 2019. However, approval of the application has been withdrawn to address an issue with the identification of goods. I apologize for the inconvenience.
Specifically, POWERBANK is a registered trademark (see U.S. Reg. Nos. 3656544 and 4782505), and therefore is not acceptable in the identification of goods. As such, the wording “mobile power banks” must be replaced with generic wording for the goods. Below is a suggested identification that addresses this issue (changes in bold):
International Class 9: smartphones; mobile phones; cell phone cases; covers for cell phones; protective films adapted for smartphones; stands adapted for mobile phones; headphones; headsets for mobile phones; selfie sticks for use with smartphones; selfie camera lenses; USB cables; power adapters; batteries, electric; battery chargers; mobile rechargeable battery packs, namely, rechargeable batteries; cabinets for loudspeakers; wireless headsets for smartphones; wireless chargers; GPS navigational devices; Downloadable mobile phone software applications, namely, software applications for playing music, playing computer games, engaging in online shopping, accessing and viewing travel guides, communicating with others, processing and transmitting images, and taking, saving and storing photographs
Please let me know if the identification suggested above is acceptable – if so, I would be happy to make the changes via an examiner’s amendment and re-approve the application for publication. If you could please reply by Tuesday, September 17 at 1pm Eastern Time, I would very much appreciate it. If I don’t hear from you by that time, I’ll go ahead and issue an office action, but I hope to hear from you soon. If you’d prefer to reply via phone, I can be reached at 571-272-4031.
Best regards,
Jessica L. Hilliard
Trademark Examining Attorney
Law Office 120
571-272-4031