NOTE TO THE FILE
SERIAL NUMBER: 88375893
DATE: 01/06/2020
NAME: lroncoroni
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: Jacob Weintraub <jweintraub@jwpatents.com>
Sent: Friday, January 3, 2020 4:04 PM
To: Roncoroni, Lauren <Lauren.Roncoroni@USPTO.GOV>
Subject: RE: Examiner's Amendment - Trademark Application for LA (Sn. 88375893 and Docket No. LCA-003TM)
Hi Examiner Roncoroni,
Thank you so much for your follow up…and happy new year to you as well!
I appreciate your attention to detail, and approve your amendment of the legal entity to a Limited Liability Company formed in the state of Massachusetts.
Have a wonderful weekend yourself!
My best,
Jacob
Jacob G. Weintraub, Esq.
Senior Counsel
Executive Managing DirectorJWIP & Patent Services, LLC
45 Dan Road, Suite 42
Canton, MA 02021
670 Depot Street (Mailing Address)
PO Box 1265
Easton, MA 02334
P: (508)-631-2206
F: (617) 614-7040
Email: jweintraub@jwpatents.com
Website: www.jwpatents.com
From: Roncoroni, Lauren [mailto:Lauren.Roncoroni@USPTO.GOV]
Sent: Friday, January 3, 2020 3:39 PM
To: jweintraub@jwpatents.com
Subject: Examiner's Amendment - Trademark Application for LA (Sn. 88375893 and Docket No. LCA-003TM)
Dear Attorney Weintraub,
Happy new year. As you may know, I am the examining attorney for the above-referenced trademark application. Upon reviewing the response to office action dated December 23, 2019, there appears to be one issue remaining with the application. The designation “LLC” is included in applicant’s name; however, the legal entity is set forth as a “corporation.” Generally, “LLC” identifies a “limited liability company,” and not a corporation. Therefore, applicant must specify whether the legal entity is a limited liability company or a corporation and amend the application accordingly. TMEP §803.03(h); see 37 C.F.R. §§2.32(a)(2), (a)(3)(ii), 2.61(b). If applicant is a limited liability company, applicant must amend the legal entity and provide the U.S. state under whose laws it is organized. TMEP §803.03(h). If applicant is a corporation, applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization. See TMEP §803.03(c). If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
In that regard, with your information and authorization, I can amend the application via Examiner’s Amendment to resolve this discrepancy. Please let me know if this is acceptable or if you have any further question. Have a nice weekend.
Warm regards,
Lauren Roncoroni
Lauren R. Roncoroni
Trademark Examining Attorney
Law Office 109
(571) 270-5661