Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88385510

DATE:                                10/24/2019

NAME:                               aadeyiga

NOTE:         

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From: Adeyiga, Adetayo <Adetayo.Adeyiga@USPTO.GOV>

To: Brian M. Davis <BDavis@vlplawgroup.com>

Re: HAIL AND HORNS - Serial No. 88385510

Hi Brian,

 

Sounds good, thanks for getting back to me so quickly, and will do.  Have a nice afternoon!

 

Adetayo

 

From: Brian M. Davis <BDavis@vlplawgroup.com>
Sent: Thursday, October 24, 2019 10:46 AM
To: Adeyiga, Adetayo <Adetayo.Adeyiga@USPTO.GOV>
Subject: RE: HAIL AND HORNS - Serial No. 88385510

 

Adetayo,

 

My client is agreeable to the changes in Class 29 and 30.  With regard to Class 32 please delete the “syrup” language.  The other changes in that class are acceptable.

 

Brian

Brian M. Davis | Partner | VLP Law Group LLP

Charlotte, NC| Office: 704.245.6515

 

From: Adeyiga, Adetayo [mailto:Adetayo.Adeyiga@USPTO.GOV]
Sent: Tuesday, October 22, 2019 12:14 PM
To: Brian M. Davis <BDavis@vlplawgroup.com>
Subject: RE: HAIL AND HORNS - Serial No. 88385510

 

Hi Brian,

 

Thanks for letting me know.  That’s fine, I’ll wait to hear back from you then.  Have a nice afternoon!

 

Adetayo

 

From: Brian M. Davis <BDavis@vlplawgroup.com>
Sent: Tuesday, October 22, 2019 11:52 AM
To: Adeyiga, Adetayo <Adetayo.Adeyiga@USPTO.GOV>
Subject: RE: HAIL AND HORNS - Serial No. 88385510

 

Thank you.

 

My client is a UK law firm and will need  to get instructions from the applicant.  I’m unlikely to get back to you in 24 hours. Would the end of the week be sufficient?

Brian M. Davis | Partner | VLP Law Group LLP

Charlotte, NC| Office: 704.245.6515

 

From: Adeyiga, Adetayo [mailto:Adetayo.Adeyiga@USPTO.GOV]
Sent: Tuesday, October 22, 2019 11:24 AM
To: Brian M. Davis <BDavis@vlplawgroup.com>
Subject: RE: HAIL AND HORNS - Serial No. 88385510

 

Good morning Brian,

 

You are absolutely right—the other foreign registration was included in the application as filed—my apologies for the confusion.  Therefore, you are good to go re: the 44e requirements.

 

However, based on your response filed on 10/7/19, there are still a few issues with the ID that need to be resolved before I can move the application forward.  Please see below (in bold/highlight/italics):

 

·         “Meat; prepared meals, namely, prepared meals consisting of meat and fish; snack foods, namely, potato chips, fruit-based snack foods, potato-based snack foods, vegetable-based snack foods, nut-based snack foods and meat-based snack foods; prepared meals and snack foods whose main ingredients consist of or include any one of or more than one of meat, fish, poultry, game, meat extracts, preserved, dried and cooked fruits, vegetables, jellies, jams, fruit sauces, eggs, milk and milk products; milk drinks, milk predominating; flavoured milk drinks; nuts, namely, processed nuts, shelled nuts and roasted nuts; raisins; potato crisps; edible oils and fats; soups; beef jerky; cheese; chicken nuggets; dairy-based spreads; dairy-based dips; drinking yogurts; French fries; peanut butter; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables for purposes of creating a sandwich; preserved, smoked and processed fish; preserved and processed anchovies; caviar; tinned fish; foods prepared from fish, namely, packaged meals consisting primarily of fish; poultry; foods prepared from poultry, namely, packaged meals consisting primarily of poultry; game; foods prepared from game, namely, packaged meals consisting primarily of game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, marmalade, compotes; apple purée; tomato purée; hummus; meat jellies; tahini, namely, sesame seed paste; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; butter; margarine; cream; milk beverages, milk predominating; milk shakes; soya milk; tofu; whipped cream; yoghurt; fruit snacks; [DELETED “vegetable-based snack foods;” as this is a duplicate] frozen vegetables; frozen fruit; processed vegetables and processed fruits; fruits and vegetables dried and cooked” in International Class 029.

 

·         “Coffee; tea; cocoa; chocolate; drinking chocolate, namely, chocolate-based beverages; rice; tapioca; sago; biscuits; cakes; pasta; pasta sauces; bread; rolls; baps, namely, bread rolls; crackers; croissants; bread sticks; baguettes; pastries; pies; fruit pies; meat pies; vegetable pies; pastries, namely, pasties; pizzas; sweets; candies; bonbons; chocolates; ices; sugar, honey, treacle; breakfast cereal; porridge; cereal bars; yeast, baking-powder; salt; mustard; vinegar; sauces; chocolate sauces; fruit sauces; cheese sauces; meat sauces; tortilla chips; spices; rice-based snack foods; maize-based snack foods; brown rice, edible flour; sandwiches; hamburger sandwiches; hot dog sandwiches; beverages, namely, beverages made of coffee or tea, chocolate food beverages not being dairy-based or vegetable based, cocoa beverages with milk, prepared cocoa and cocoa-based beverages, prepared coffee and coffee-based beverages and tea-based beverages with fruit flavoring; bread rolls; buns; cup cakes; brownies; toffee; fudge; ginger bread; bagels; liquorice; non-medicated lozenges; candy mints; candy; bubble gum; chewing gum; chocolate bars; chocolate covered fruit, nuts, popcorn, pretzels and raisins; peanut confectionery, namely, peanut flavored candy; peppermint candy; boiled sweets; candy rock; popcorn; microwave popcorn; waffles; ice cream; ice cream desserts; ice cream drinks; cookies; cookie dough; cookie mixes; cotton candy; candy bars; cereal-based snack foods; rice-based snack foods; wheat-based snack foods; grain-based food bars; chocolate-based snack foods; pasta-based snack foods; foodstuffs made from dough, namely, dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of meats, poultry, fish, fruits and vegetables or cheese, and dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of pasta or rice; sweet and savory products, all having a pastry case or pastry shell, namely, pastries; pizza; pasta dishes, namely, prepared pasta and prepared or packaged meals consisting primarily of pasta; prepared meals consisting of pasta and rice; sherbets; cheesecake; confectionery for decorating Christmas trees; dessert puddings; donuts; doughnuts; dried pasta; flapjacks; ketchup; sauces; lollipops; marshmallow; marshmallow squares; muesli; muesli bars; oatmeal; pancakes; puffed corn snacks; cranberry sauce; buttercream icing; desserts made primarily from milk products; maize snacks, namely, maize flakes” in International Class 030.

 

·         “Beers; mineral and aerated waters and other non-alcoholic beverages, namely, non-alcoholic wines; fruit beverages and fruit juices; syrups and other preparations for making _____ {specify type of beverages in class 032, e.g., fruit or tea-flavored…this clause as is, is indefinite and broad and could include goods in other classes, for example, milk-based beverages containing milk concentrates is in class 029, while concentrates for making fruit or tea flavored beverages is in class 032} beverages, namely, concentrates; tonic water; aloe vera drinks; non-alcoholic aperitifs; non-alcoholic beer; non-alcoholic cider; non-alcoholic cocktails; essences for making non-alcoholic beverages; non-alcoholic fruit nectars used in the preparation of beverages; ginger beer; isotonic beverages; lemonade; non-alcoholic fruit extracts used in the preparation of beverages; smoothies; soda water; tomato juice; vegetable juices; fruit drinks; non-alcoholic beer-flavoured soft drinks” in International Class 032.

 

Therefore, as soon as you get a chance, please respond to this email letting me know you’re ok w/ the proposed changes, as well as filling in any necessary information, and if everything looks good, I will make the changes for you via an Examiner’s Amendment.  However, if I don’t hear back from you within 24 hours, I will withdraw the foreign reg. requirement in the recent suspension notice that was issued and instead, issue a FINAL refusal for the ID requirement.  If you think you need longer than 24 hours, please kindly respond letting me know.  Thanks for your time, again, sorry about the confusion, and I hope to hear back from you soon!

 

Adetayo

 

From: Brian M. Davis <BDavis@vlplawgroup.com>
Sent: Monday, October 21, 2019 3:18 PM
To: Adeyiga, Adetayo <Adetayo.Adeyiga@USPTO.GOV>
Subject: HAIL AND HORNS - Serial No. 88385510

 

We recently received a Suspension Notice with regard to the above application, requesting  a copy of the certificate for EUTM Registration No. 17968350.  However, we provided that certificate when we initially filed the application.

 

Please let us know if you require anything further with regard to that 44e claim.

 

Brian