NOTE TO THE FILE
SERIAL NUMBER: 88499479
DATE: 03/24/2020
NAME: dnitkin
NOTE:
From: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Sent: Tuesday, March 24, 2020 1:12 PM
To: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Cc: DeMarte, Luke W (35795) <lwdemarte@michaelbest.com>
Subject: RE: Priority Action MAXAI Deadline March 25, 2020 (SN: 88/499,479) [MBF: 206624-5020]
Hi Dinisha,
Thank you for your e-mail. The client accepts this description. Can you please make this change via Examiner’s Amendment?
Many thanks!
Kind regards,Christine
Christine A. Filarski
Associate Attorney
T 312.596.5867 | michaelbest.com
Michael Best & Friedrich LLP
From: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Sent: Tuesday, March 24, 2020 6:05 AM
To: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Cc: DeMarte, Luke W (35795) <lwdemarte@michaelbest.com>
Subject: RE: Priority Action MAXAI Deadline March 25, 2020 (SN: 88/499,479) [MBF: 206624-5020]
Good Morning Christine,
The proposed ID still needs a common commercial name. If your client’s product is a screen, then I propose the following identification that also stays within the scope of the original ID:
Class 9: advanced instrumentation display, namely, electronic display screen for engine and vehicle monitoring systems
Best,
Dinisha Nitkin
/dn/
Examining Attorney
Law Office 110
(571) 272-0212
DISCLAIMER: Although a trademark examining attorney may provide explanations pertaining to refusal(s) and/or requirement(s) issued in a particular case, the trademark examining attorney may not provide legal advice or statements about an applicant’s rights. See TMEP §§705.02, 709.06.
From: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Sent: Monday, March 23, 2020 3:37 PM
To: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Cc: DeMarte, Luke W (35795) <lwdemarte@michaelbest.com>
Subject: RE: Priority Action MAXAI Deadline March 25, 2020 (SN: 88/499,479) [MBF: 206624-5020]
Hi Dinisha,
I hope all is well. I wanted to follow up my phone calls and voicemails. We have again spoken with our client and he has confirmed that the product is not an interface. The product is a screen that displays information from engine and vehicle monitoring systems. Again, here is the link to the product - http://www.maximatecc.com/products/maxai-430i-advanced-instrumentation/.
Based on the foregoing, we propose the following amended description: electronic instrumentation display for engine and vehicle monitoring systems
We look forward to hearing from you.
Kind regards,
Christine
Christine A. Filarski
Associate Attorney
T 312.596.5867 | michaelbest.com
Michael Best & Friedrich LLP
From: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Sent: Tuesday, March 17, 2020 11:19 AM
To: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Subject: RE: Priority Action MAXAI (SN: 88/499,479) [MBF: 206624-5020]
Hi Christine,
My concern is that this suggestion does not resolve the issue I laid out in my earlier e-mail – an “advanced electronic instrumentation display” is not a common commercial name of a Class 9 device.
In a case like this, “display” should modify a noun that describes the nature of the display device, such as a “display interface”, “flat panel display screen”, or “video display monitor” (for more examples, please visit the ID manual). I would again suggest the ID I sent you on December 4, which is based off the ID manual entry for “electronic display interfaces” and seems like it may perhaps reflect your client’s goods:
Class 9: advanced electronic instrumentation display interfaces for engine and vehicle monitoring systems
Best,
Dinisha Nitkin
/dn/
Examining Attorney
Law Office 110
(571) 272-0212
DISCLAIMER: Although a trademark examining attorney may provide explanations pertaining to refusal(s) and/or requirement(s) issued in a particular case, the trademark examining attorney may not provide legal advice or statements about an applicant’s rights. See TMEP §§705.02, 709.06.
From: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Sent: Monday, March 16, 2020 10:36 AM
To: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Subject: RE: Priority Action MAXAI (SN: 88/499,479) [MBF: 206624-5020]
Hi Dinisha,
Thank you for your e-mail. We have a few further proposed changes to the description:
Class 9: advanced electronic instrumentation display that interfaces with engine and vehicle monitoring systems
Please confirm this amendment is acceptable and the change can be done by Examiner’s Amendment.
Many thanks!
Kind regards,
Christine
Christine A. Filarski
Associate Attorney
T 312.596.5867 | michaelbest.com
Michael Best & Friedrich LLP
From: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Sent: Wednesday, December 04, 2019 1:07 PM
To: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Subject: RE: Priority Action MAXAI (SN: 88/499,479) [MBF: 206624-5020]
Hi Christine,
Thank you for your email. Unfortunately, the wording “electronic instrumentation display” is still unclear as to the nature of the goods, and we want a definite common commercial name. Based on the original ID, would the following be accurate?
Class 9: advanced electronic instrumentation display interfaces for engine and vehicle monitoring systems
Thanks,
Dinisha Nitkin
/dn/
Examining Attorney
Law Office 110
(571) 272-0212
From: Filarski, Christine A (35867) <cafilarski@michaelbest.com>
Sent: Tuesday, November 26, 2019 2:47 PM
To: Nitkin, Dinisha <Dinisha.Nitkin@USPTO.GOV>
Subject: Priority Action MAXAI (SN: 88/499,479) [MBF: 206624-5020]
Hi Dinisha,
I wanted to follow up my voicemail regarding the Priority Action issued for MAXAI (SN: 88/499,479). The product is designed to take any engine/vehicle monitoring device (e.g., thermostat or engine analyzer) and project it onto the display. See http://www.maximatecc.com/.
Based on the foregoing, we propose amending the description as follows:
Class 9: electronic instrumentation display that interfaces with engine or vehicle devices
Please let us know if this amendment is acceptable.
Many thanks!
Kind regards,
Christine
Christine A. Filarski
Associate Attorney
E cafilarski@michaelbest.com
T 312.596.5867 | M 630.853.5439 | F 312.222.0818
A Lex Mundi Member
Michael Best & Friedrich LLP
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