NOTE TO THE FILE
SERIAL NUMBER: 88568641
DATE: 11/06/2019
NAME: rnkojo
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:
X 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:Dear Ms. Nkojo,
I approve entering the Examiner’s Amendment. We appreciate the approval for publication.
Thanks,
Yiu
From: Nkojo, Rhoda <Rhoda.Nkojo@USPTO.GOV>
Sent: Tuesday, November 5, 2019 4:27 PM
To: Yiu Au <yiu@aspireip.com>
Subject: U.S. Trademark Application Serial No. 88568641
Dear Mr. Au:
This message follows our telephone conversation earlier this afternoon and concerns the above-referenced Trademark Application for the mark “SCENTENNIALS” (plus design) in Serial No. 88568641.
As noted in our discussion, I have reviewed the application and there is one minor issue that we can resolve by Examiner’s Amendment and I can then approve the mark for publication right away. If you would like to discuss the below via telephone, I am available to do so tomorrow, November 6, 2019, between 12pm and 5:30pm as well as Thursday, November 7th, between 11am and 1pm EST.
REQUIREMENT – AMEND DESCRIPTION OF THE MARK
Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Additionally, the current description of record contains a typo in the spelling of the word portion of the mark, i.e., “the stylized wording SENTENNIALS”, that must be corrected. Descriptions must be accurate and identify all the literal and design elements in the mark. See 37 C.F.R. §2.37; TMEP §§808 et seq.
The following description is suggested, if accurate: The mark consists of the stylized wording "SCENTENNIALS" appearing underneath an ornamental design consisting of a curved band with arrows on each end that features a wheel with bands extending from its left and right sides extending downward from its center, and curved bands with stylized leaf designs on their ends overlapping each side.
RESPONSE GUIDELINES
If the above-referenced suggested mark description is acceptable to you, I can make the changes myself with an “Examiner’s Amendment”. I would simply need approval by email or telephone at the number below, from you, the authorized attorney of record for the applicant Scentennials Products, Inc.
If, however, you would like to discuss further, to expedite processing, we can schedule a phone call for anytime tomorrow between 12pm and 5:30pm as well as Thursday, November 7th between 11am and 1pm EST, to hopefully resolve the issue for immediate approval for publication. If that time is not amenable to you, please provide a time when you are able to discuss. You may also respond to this email with your approval or concerns regarding the above-referenced changes to the application record. I would like to discuss resolution of this issue by close of business Friday, November 8, 2019. However if you are unavailable prior to close of business November 8, then I can issue an Office Action to you and you will have 6 months to respond.
Thank you for your time,
Rhoda
Rhoda Nkojo
Trademark Attorney - Law Office 117
United States Patent & Trademark Office
(PH): (571) 272-8468
Email: rhoda.nkojo@uspto.gov
Please note that although all relevant e-mail communications will be placed in the official application record, an email communication does not constitute a formal response to an office action. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.