NOTE TO THE FILE
SERIAL NUMBER: 88408809
DATE: 07/18/2019
NAME: jtoy
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:
From: Toy, Joshua
Sent: Thursday, July 18, 2019 7:21 AM
To: Murphy, Julie C. <juliemurphy@eversheds-sutherland.com>
Cc: Johnson, James H. <jamesjohnson@eversheds-sutherland.com>
Subject: RE: 88408809 RESTAURANT READY (ES Ref: 31680-0126)
Mr. Johnson:
Thank you for your email.
The proposed amendment to the identification of services remains too broad because it encompasses telecommunication access services in Class 38, and the nature of the “learning models and assessments” could encompass downloadable educational course materials in Class 9. Accordingly, I will issue a priority action this morning to address this issue.
Please do not hesitate to contact me if you would like to further discuss this application.
Thanks,
Josh
Joshua S. Toy
Trademark Examining Attorney
U.S. Patent and Trademark Office
Madison Building
Law Office 120
600 Dulany Street
Alexandria, VA 22314
Phone: 571-272-4856
Fax: 571-273-4856
From: Murphy, Julie C. [mailto:juliemurphy@eversheds-sutherland.com]
Sent: Wednesday, July 17, 2019 5:51 PM
To: Toy, Joshua <Joshua.Toy@USPTO.GOV>
Cc: Johnson, James H. <jamesjohnson@eversheds-sutherland.com>
Subject: RE: 88408809 RESTAURANT READY (ES Ref: 31680-0126)
Dear Mr. Toy:
Thank you for your communication. The client has advised us that best description of the content is that it is a curriculum; but instead of printing, they are giving the training organizations access to it through a web portal. In addition, the trainees will access the assessment materials through the portal.
Our client has provided us with the following proposed amendment. If you are in agreement, please amend the services description accordingly and also include a disclaimer of RESTAURANT via Examiner’s Amendment.
Class 41 - Educational services, namely, providing access to a secure web portal that contains
wheretrainer delivered learning models and assessments can be accessed related to teaching and achievement of entry level skills in the field of career development in the restaurant and hospitality industry
Sincerely,
/JHJ/
James Johnson
Attorney for applicant
404-853-8395
Sent on behalf of Mr. Johnson by:
Julie Murphy | Paralegal Specialist | T: +1.404.853.8127
From: Toy, Joshua <Joshua.Toy@USPTO.GOV>
Sent: Friday, July 12, 2019 1:03 PM
To: Johnson, James H. <JamesJohnson@eversheds-sutherland.us>
Cc: Patent Docket <PatentDocket@eversheds-sutherland.us>
Subject: 88408809 RESTAURANT READY
Mr. Johnson:
I have examined Application SN. 88408809 for the mark RESTAURANT READY, and it looks pretty good. However, there are two issues I must address before I can approve the application. My hope is to address these issues informally to expedite the prosecution of the application via examiner’s amendment.
First, the identification of services requires amendment because it is unclear whether the applicant is identifying a telecommunication access service in Class 38 or a content-based portal featuring information. Accordingly, I suggest the following amendment:
In Class 41, Educational services, namely, providing an Internet website portal featuring information on-line relating to educational opportunities, and also featuring learning models and assessments both in the nature of providing online cognitive assessments and training programs that help identify cognitive strengths and weaknesses of an individual, all being related to entry level skills in the field of career development in the restaurant and hospitality industry
Additionally, the word RESTAURANT must be disclaimed because it is merely descriptive of the applicant’s services.
If you consent to the disclaimer and the above-suggested amendment to the identification, I can resolve the issues on my end.
Please do not hesitate to call me if you would like to discuss these issues. I look forward to hearing from you.
Thanks,
Josh
Joshua S. Toy
Trademark Examining Attorney
U.S. Patent and Trademark Office
Madison Building
Law Office 120
600 Dulany Street
Alexandria, VA 22314
Phone: 571-272-4856
Fax: 571-273-4856
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