NOTE TO THE FILE
SERIAL NUMBER: 88506442
DATE: 02/04/2020
NAME: bpino
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
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:x OTHER:
From: Shabnam Malek <shabnam@brandandbranch.com>
Sent: Monday, February 3, 2020 6:02 PM
To: Pino, Brian <Brian.Pino2@USPTO.GOV>
Cc: Alex Echery <alex@brandandbranch.com>; IP Correspondence <ipcorr@brandandbranch.com>; Christy Susman <christy@brandandbranch.com>
Subject: Application Serial No. 88506442
Dear Mr. Pino:
Thank you for the call today. Based on our conversation, we propose the following amendment to identification of the Class 021 goods:
• Shaker bottles sold empty; beverage containers, namely, bottles with internal agitators for mixing ingredients in International Class 021.
The proposed language represents a more specific description of the shakers on which the mark is currently being used but also reflects language that the Trademark Office has previously found acceptable. See, e.g., Reg. #4894363; see also Reg. #5457966 which includes a similar, though not identical description.
To the extent that you agree this resolves the issue of specificity, we further request that you handle this through an Examiner's amendment. And we believe the proposed amendment will distinguish the goods here from those in the cited registration, #4436472, and therefore also request that you remove the 2d refusal and approve the application for publication in due course.
We look forward to hearing from you and really appreciate your help.
Best,
Shabnam
Shabnam Malek
BRAND & BRANCH LLP ®
1305 Franklin Street, Suite 220
Oakland, CA 94612
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