NOTE TO THE FILE
SERIAL NUMBER: 88447896
DATE: 08/18/2019
NAME: mdebus
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 via:
X phone 8/15/19 Left message with
X email 8/16/19 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:X OTHER:
From: Debus, Meridith
Sent: Friday, August 16, 2019 9:27 PM
To: Sepi Ghafouri <sepi@sepilaw.com>
Subject: RE: Follow-up to Phone Conversation; U.S. Trademark Application Serial Nos. 88447846 (CELLSTETHICS), 88447878 (STEMHAIR), 88447896 (STEMVAGÈ); Request for Examiner's Amendments before 5:00 p.m. E.S.T. on Monday, August 17, 2019
Good evening Sepi,
Thank you for the quick reply. I’ll take care of the Examiner’s amendments tomorrow morning for U.S. Trademark Application Serial Nos. 88447846 (CELLSTETHICS), 88447878 (STEMHAIR), and 88447896 (STEMVAGÈ). I’ll amend the drawing of STEMVAGÈ to STEMVAGÉ based on the email below as well. I’ll go ahead and issue an Examiner’s amendment and Priority action for Serial No. 88447896 (STEMVAGÈ) – it may be easier to discuss that file after seeing the action. I should have a lot of availability to discuss the file on Monday though before 12:15 P.S.T. I have an appointment that will have me stepping from approximately 12:15 to 2:30 P.S.T.
Sincerely,
Meridith
Meridith Debus
Examining Attorney
Law Office 111
U.S. Patent and Trademark Office
(571) 270-3464
***All relevant e-mail and phone communications regarding an application are made of record as a Note to the File. TMEP §709.05.
From: Sepi Ghafouri [mailto:sepi@sepilaw.com]
Sent: Friday, August 16, 2019 7:43 PM
To: Debus, Meridith <Meridith.Debus@USPTO.GOV>
Subject: Re: Follow-up to Phone Conversation; U.S. Trademark Application Serial Nos. 88447846 (CELLSTETHICS), 88447878 (STEMHAIR), 88447896 (STEMVAGÈ); Request for Examiner's Amendments before 5:00 p.m. E.S.T. on Monday, August 17, 2019
Thank you Meridith.
The changes to the descriptions are approved.
And the accent on the e in StemVage can also be amended. I am a little confused about the need to an additional specimen for StemVage. The specimen for the other two services are pretty similar so I am trying to figure out where the issue is. Can we chat Monday morning?
Thank you so much!
Sepi
310-702-7787
On Thu, Aug 15, 2019 at 2:58 PM Debus, Meridith <Meridith.Debus@uspto.gov> wrote:
Good afternoon Ms. Ghafouri,
Thank you for your time this afternoon. This email is a follow-up to our phone conversation regarding Application Serial Nos. 88447846 (CELLSTETHICS), 88447878 (STEMHAIR), 88447896 (STEMVAGÈ). All three applications have very similar issues with the identifications that we discussed. In each instance, the identification of services may be amended by Examiner’s Amendment with your authorization. Each proposed amendment to the identification is laid out below. Additions to the identification are bolded and underlined, and deletions are italicized, bolded, and
struck through:
For Application Serial No. 88447846 (CELLSTETHICS)
“Medical services, namely, performing medical procedures for the face, eyes, hands, neck, and décolletage
orneck/ décolletageusing local injection of nanofat andand/orstem cells into the different areas of the body,sometimesand also introducingassociated with the introduction ofplatelet rich plasma during the services” in International Class 44
For Application Serial No. 88447878 (STEMHAIR)
“Medical services, namely, performing medical procedures, usually by local injection, using nanofat and
and/orstem cells into the different areas of the head with the introduction of platelet rich plasma” in International Class 44
For Application Serial No. 88447896 (STEMVAGÈ)
“Medical services, namely, performing medical procedures, usually done by local injection, using nanofat and
and/orstem cells into thethevaginal area,sometimesand also introducingassociated with the introduction ofplatelet rich plasma during the services” in International Class 44
Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application. See 37 C.F.R. §2.71(a); TMEP §1402.06.
With the amendment above, Application Serial Nos. 88447846 (CELLSTETHICS) and 88447878 (STEMHAIR), would be in condition for approval for publication after the Examiner’s Amendment. Application Serial No. 88447896 (STEMVAGÈ) would require an additional specimen demonstrating the mark in a source-indicating manner (or amendment to an intent-to-use basis, if appropriate). I didn’t mention it on the phone – there also is a minor issue with the use of the accent mark on that mark matching the specimen (the accent mark is forward-facing or acute on the specimen as opposed to backward-facing or grave on the drawing). In that application, the amendment of the identification would be entered by Examiner’s Amendment and included in a Priority Action raising the specimen issues.
Please respond to this email or call me at (571) 270-3464, the number listed below, to authorize the potential Examiner’s Amendment before 5:00 p.m. E.S.T. on Monday, August 19, 2019. I am also able to issue Priority actions on one or any of the identifications if applicant would like additional time to consider the amendment. Thank you in advance for your continued assistance in this matter.
Sincerely,
Meridith
Meridith Debus
Examining Attorney
Law Office 111
U.S. Patent and Trademark Office
(571) 270-3464
***All relevant e-mail and phone communications regarding an application are made of record as a Note to the File. TMEP §709.05