Notation to File

XHAKA

VIVO MOBILE COMMUNICATION COMPANY., LTD.

Notation to File

NOTE TO THE FILE


SERIAL NUMBER:            88352127

DATE:                                09/17/2019

NAME:                               jhilliard

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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:

     OTHER:

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  However, approval of the application has been withdrawn to address an issue with the identification of goods.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

Jessica.Hilliard@uspto.gov


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed