NOTE TO THE FILE
SERIAL NUMBER: 88511754
DATE: 10/30/2019
NAME: tfletcher
NOTE:
Discussed file with
Attorney/Applicant via:
X phone Left message with
X email Attorney/Applicant
From: Russell, Susan <srussell@bakerdonelson.com>
Sent: Monday, October 28, 2019 3:42 PM
To: Fletcher, Tracy <Tracy.Fletcher@USPTO.GOV>
Subject: FW: Wekerle - US - JOYPOP - Trademark Application No. 88511754 - Teleconference - Thank you
Hi Tracy.
Many thanks for the call this afternoon. I appreciate your insight, and we will plan to submit our response to the office action shortly.
As we move forward, please feel welcome to reach out if we can address any additional issues with the application for the JOYPOP Mark.
Enjoy a great afternoon!
Kind regards,
Susan
Susan A. Russell
Of Counsel
Telephone: 404.589.3403
Internal: 1403
Mobile: 404.754.1001
Email: srussell@bakerdonelson.com
From: Russell, Susan
Sent: Thursday, October 24, 2019 3:08 PM
To: 'Fletcher, Tracy' <Tracy.Fletcher@USPTO.GOV>
Subject: RE: Wekerle - US - JOYPOP - Trademark Application No. 88511754 - Teleconference
Hi Tracy.
Many thanks. I will try to reach you tomorrow. Please let me know if there is a time that works best for you.
Enjoy a nice afternoon.
Kind regards,
Susan
Susan A. Russell
Of Counsel
Telephone: 404.589.3403
Internal: 1403
Mobile: 404.754.1001
Email: srussell@bakerdonelson.com
From: Fletcher, Tracy <Tracy.Fletcher@USPTO.GOV>
Sent: Monday, October 21, 2019 10:02 AM
To: Russell, Susan <srussell@bakerdonelson.com>
Subject: RE: Wekerle - US - JOYPOP - Trademark Application No. 88511754
Ms. Russell,
Thank you for your message. I would be happy to discuss the application and answer any questions. Please feel free to telephone me at the direct dial telephone number listed below.
Kind regards,
/Tracy Fletcher/
Examining Attorney, Law Office 115
U.S. Patent and Trademark Office
Direct Dial: (571) 272-9471
From: Russell, Susan <srussell@bakerdonelson.com>
Sent: Saturday, October 19, 2019 10:26 PM
To: Fletcher, Tracy <Tracy.Fletcher@USPTO.GOV>
Subject: Wekerle - US - JOYPOP - Trademark Application No. 88511754
Hi Tracy.
I hope you are enjoying a nice evening.
I am writing about the recently issued objection to the applied for JOYPOP Mark. Can you please provide additional clarification about options and requirements to proceed in response to the objection based on the objection to the APPLICATION FILING BASIS?
We note the USPTO has requested clarification about the filing basis and status of the applied-for JOYPOP Mark in Canada, and has noted the options below. The Applicant confirms that the application for the JOYPOP Mark in Canada is presently pending and in good standing, but has not yet reached registration.
Accordingly, can you please kindly provide additional clarification about the requirements to proceed with the noted options below, and potential advantages and disadvantages for the same?
(1) If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available;
OR
(2) Applicant may amend the basis to Section 1(a) or 1(b), if Applicant can satisfy the requirements for the new basis.
a. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.
We have confirmation of the Applicant’s response to the additional objections. Upon receiving the requested information and clarification for options and requirements for the response to the APPLICATION FILING BASIS objection, we are also pleased to speak with you by telephone, and proceed with an Examiner’s Amendment, if possible.
We look forward to hearing from you, and proceeding with the response.
Many thanks, and enjoy a great weekend.
Kind regards,
Susan
Susan A. Russell
Of Counsel
Baker Donelson PC
3414 Peachtree Road NE
Suite 1500
Atlanta, Georgia 30326
Telephone: 404.589.3403
Mobile: 404.754.1001
Facsimile: 404.221.6501
Firm: www.bakerdonelson.com
Firm Bio: www.bakerdonelson.com/susan-a-russell
Email: srussell@bakerdonelson.com
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