NOTE TO THE FILE
SERIAL NUMBER: 88472149
DATE: 09/16/2019
NAME: lferrell
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantFrom: Kelly Valente <kellyv@marketamerica.com>
Sent: Friday, September 13, 2019 12:14 PM
To: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Cc: Meghan Reinhardt <meghanr@marketamerica.com>
Subject: RE: USPTO Trademark Application: 88472149 GOTRIM
Sorry for the confusion. We just want to amend the class 5 identification and agree to the amended language.
Kelly Valente
Assistant General Counsel
Direct: (336) 389-6732
Email: kellyv@marketamerica.com
1302 Pleasant Ridge Rd | Greensboro, NC 27409
marketamerica | SHOP•COM™
USA I Canada I Australia I Taiwan I Hong Kong I United Kingdom I Singapore | Malaysia
Confidentiality Warning: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation.
From: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Sent: Wednesday, September 11, 2019 1:38 PM
To: Kelly Valente <kellyv@marketamerica.com>
Cc: Meghan Reinhardt <meghanr@marketamerica.com>
Subject: RE: USPTO Trademark Application: 88472149 GOTRIM
Hi Kelly,
Thank you so much for getting back to me? Just to clarify, you want to add the Class 1 goods as well as amend the Class 5 Identificaiton? If so, I’ll send a joint EA/PA and you will just have to follow up by paying for the additional class.
Thank you,
/Katherine Ferrell/
Examining Attorney, Law Office 126
United States Patent and Trademark Office
(571)270-3576
From: Kelly Valente <kellyv@marketamerica.com>
Sent: Wednesday, September 11, 2019 1:31 PM
To: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Cc: Meghan Reinhardt <meghanr@marketamerica.com>
Subject: FW: USPTO Trademark Application: 88472149 GOTRIM
Hi Katherine,
Thank you for speaking with me yesterday. I approve of the amended identification as you stated in your previous email.
Thank you!
Kelly Valente
Assistant General Counsel
Direct: (336) 389-6732
Email: kellyv@marketamerica.com
1302 Pleasant Ridge Rd | Greensboro, NC 27409
marketamerica | SHOP•COM™
USA I Canada I Australia I Taiwan I Hong Kong I United Kingdom I Singapore | Malaysia
Confidentiality Warning: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation.
From: Ferrell, Katherine <Katherine.Ferrell@USPTO.GOV>
Sent: Thursday, September 5, 2019 1:04 PM
To: trademarks <trademarks@marketamerica.com>
Subject: USPTO Trademark Application: 88472149 GOTRIM
Good Afternoon Ms. Valente,
I am reviewing the above referenced application for your client, Market America, Inc. In review of this application there is one issue that can be corrected without the need for an office action.
We require an amended identification of the goods identified in International Class 5 because the wording is indefinite and must be clarified because the exact nature of the goods and broad and can be classified in multiple classes, specifically additives for use in manufacture of foods are in Class 1. Specifically, the suggested identification would read, with suggested changes in bold:
International Class 1: chemical additives in the nature of appetite control additives used in the manufacture of dietary supplements, foods and beverages
International Class 5: appetite control additives in the nature of appetite suppressants for use in dietary supplements, foods and beverages for the purpose of weight loss, and used in the manufacture of dietary supplements, foods and beverages; appetite control additives in the nature of appetite suppressants with weight loss functionality sold as an integral component of dietary supplements, foods and beverages.
Please let me know if you would approve of my amending the identification as described. Please note that if applicant wishes to add one or more additional classes to the application, an additional fee of $275.00 per added class will be necessary. In that case, I will make any approved changes and issue a Priority action requiring payment of the fee(s). Any added class will remain inactive until the fee(s) is/are paid, unless applicant specifies otherwise. Alternatively, if you or applicant has a deposit account with the USPTO, you can provide that account number and authorize the charges against that account.
Please respond no later than 2 PM EST on Monday, September 9, 2019.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.
Respectfully,
/Katherine Ferrell/
Examining Attorney, Law Office 126
United States Patent and Trademark Office
(571)270-3576