NOTE TO THE FILE
SERIAL NUMBER: 88380365
DATE: 11/10/2019
NAME: jdwyer1
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 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:X OTHER:
Got it. Thank you.
Respectfully,
Narek Zohrabyan, Esq.
@uspto.gov> wrote:
Application Serial No. 88380365 is suspended pending disposition of application serial number 87570367. Application serial number 87570367 has not registered nor is it abandoned. I cannot assume what will happen to it. That applicant could file a cancellation against one of the prior registrations, it could be assigned to one of the prior registrations and then register itself, etc. I cannot act on your application at this time. I am sorry.
From: Narek Zohrabyan <nzoh@philiplawgroup.com>
Sent: Wednesday, October 23, 2019 5:04 PM
To: Dwyer, John <John.Dwyer1@USPTO.GOV>
Subject: Re: app 88380365
John,
I was referring to the third application (Simply Menthol - 86729851) which registered on 10/15/2019. So it seems to me that Simply Jelli will not be allowed to register over Simply Menthol, Simply Mint, + six other registered marks.
If that is the case, then there is no reason to wait until January to see when the LIE will review the suspension of the 87570367 application. My understanding is that review of suspended applications happens every six months.
Please advise.
Respectfully,
Narek Zohrabyan, Esq.500 North Central Avenue, Suite 200
Glendale, CA 91203
On Wed, Oct 23, 2019 at 7:45 AM Dwyer, John <John.Dwyer1@uspto.gov> wrote:
87570367 has neither registered nor been abandoned, so the basis for suspension of 88380365 is not moot.
From: Narek Zohrabyan <nzoh@philiplawgroup.com>
Sent: Tuesday, October 22, 2019 4:32 PM
To: Dwyer, John <John.Dwyer1@USPTO.GOV>
Subject: app 88380365
Hi John,
I'm the attorney of record on this case.
I have noticed that the underlying basis for the suspension is now moot as the third application has now registered.
The suspension was between Jelli and Simply Jelly, where Simply Jelly was also suspended over (Simply Menthol application, Registrations: Simply Blue, Simply Mint, etc).
Now that Simply Menthol has registered, the Simply Jelli vs (Simply Menthol, Simply Blue, Simply Mint, etc) will be sustained and thus my Applicant's mark (Jelli) can proceed.
Can we expedite the matter in this case?
Thanks.
Respectfully,
Narek Zohrabyan, Esq.500 North Central Avenue, Suite 200
Glendale, CA 91203
Phone: 619-929-0606
Email: nzoh@philiplawgroup.com
Website: www.philiplawgroup.com