NOTE TO THE FILE
SERIAL NUMBER: 88448165
DATE: 07/31/2019
NAME: kmoninghoff
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:X OTHER:
From: Moninghoff, Kim
Sent: Wednesday, July 31, 2019 4:25 PM
To: Sitzmann, Timothy <TSitzmann@winthrop.com>
Cc: Trademark <Trademark@winthrop.com>; Briley, JoEllen <jbriley@winthrop.com>; '19767.118.imanage@file.winthrop.com' <19767.118.imanage@file.winthrop.com>
Subject: RE: Trademark Application #88448165 ZERLAC (Docket #19767)
Thanks. Yes, the EA/PA will include a link to a response form where you can submit the additional fee. You should receive an email with a link to the EA/PA later this afternoon.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
From: Sitzmann, Timothy [mailto:TSitzmann@winthrop.com]
Sent: Wednesday, July 31, 2019 4:23 PM
To: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Cc: Trademark <Trademark@winthrop.com>; Briley, JoEllen <jbriley@winthrop.com>; '19767.118.imanage@file.winthrop.com' <19767.118.imanage@file.winthrop.com>
Subject: RE: Trademark Application #88448165 ZERLAC (Docket #19767)
Hi Kim,
I confirmed with my client that the proposed amendment is acceptable. We agree to the examiner’s amendment and will provide the payment – I presume some type of action will issue allowing us to then respond with a payment? Thanks for reaching out again!
Kind regards,
Tim
Timothy D. Sitzmann
(612) 604-6689
tsitzmann@winthrop.com
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From: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Sent: Wednesday, July 31, 2019 3:06 PM
To: Sitzmann, Timothy <TSitzmann@winthrop.com>
Cc: Trademark <Trademark@winthrop.com>; Briley, JoEllen <jbriley@winthrop.com>
Subject: RE: Trademark Application #88448165 ZERLAC (Docket #19767)
Good afternoon,
I’m just following up on the email below. As indicated below, we may be able to resolve the issues with this application by Examiner’s Amendment or simplify them with a combined Examiner’s Amendment/Priority Action, if you get back to me today. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
From: Moninghoff, Kim
Sent: Thursday, July 25, 2019 2:46 PM
To: tsitzmann@winthrop.com
Cc: trademark@winthrop.com; jbriley@winthrop.com
Subject: Trademark Application #88448165 ZERLAC (Docket #19767)
Mr. Sitzmann,
I’ve been assigned to review this trademark application. Before I can approve it for publication, there is an issue that must be addressed. Specifically, the identification appears to include goods that belong in more than one class as follows:
Protein isolates for use an ingredient in the manufacture of nutritional supplements and food products, in Class 1.
Protein supplements; nutritional supplements; food supplements; food supplements comprising protein isolates in ready to drink formats and ready to mix formats, in Class 5.
If you consent to limit the goods to one of the above classes as amended above, I can enter the amendment by Examiner’s Amendment and approve the mark for publication.
If you wish to add the additional class and consent to the above amendments, I can enter the amendments in a combined Examiner’s Amendment/Priority Action, which would then include a requirement for the additional filing fee.
You can provide your consent to either of the above options by reply email or phone. If you have any questions, please let me know.
If I don’t hear back from you by the end of the day Wednesday (7/31), I will send you a formal Office action with this requirement. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.