Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88571034

DATE:                                09/18/2019

NAME:                               exu

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search           Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        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
 X   Changed TRADEUPS to: amend ID

 X   OTHER:

 

 

From: Trademark Apex <trademark@apex-attorneys.com>
Sent: Wednesday, September 18, 2019 3:26 PM
To: Xu, Elaine <Elaine.Xu@USPTO.GOV>
Cc: ustm@witmart.com; apex.attorneys@aol.com
Subject: Re: United States Trademark Application Serial No. 88571034 / Docket No. 142750-APXCN ("METABIX")

 

Dear Elaine: 

 

I have contacted the applicant, and we agree to the proposed amendments to the identification of goods with the following change on line 2, deleting the word "industries" and make "supplements" plural. 

1) Class 1: “Beta-aminoisobutyric acid, used as raw materials for use in the manufacture of food, nutrition and/or dietary supplements [[industries]];   

 

I asked the client about the product label, and I was told that was the way they ship their products. The label isn't elegant, but I guess it works in the basic chemicals industry.  

Robert Xu

Partner

Apex Attorneys at Law, LLP

(408) 647-5296 | Tel

(408) 458-2551 | Fax

3150 Crow Canyon Place, Suite 150 | San Ramon | CA 94583

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On Mon, Sep 16, 2019 at 1:54 PM Xu, Elaine <Elaine.Xu@uspto.gov> wrote:

This email is intended for Yue Xu and/or any authorized party

 

United States Trademark Application Serial No. 88571034 / Docket No. 142750-APXCN (“METABIX”)

 

Dear Robert,

 

I am the assigned trademark examining attorney for the above-referenced application.  As of now there are two outstanding issues with the application:

 

1) The identification of goods needs to be modified for improved clarity and definiteness and in order to meet USPTO requirements.  

2) There appears to be several problems with the specimen. First, the applied-for mark appears to be placed on temporary labels. Second, the specimens do not appear to show the applied-for mark with any of the goods specified in International Class 1.

 

If the changes below are acceptable, I will issue an examiner's amendment / priority action with the specimen issue being the only remaining outstanding issue:

 

1) Class 1: “Beta-aminoisobutyric acid, used as raw materials for use in the manufacture of food, nutrition and/or dietary supplement industries; mixtures being types of chemical preparations containing Beta-aminoisobutyric acid, for use used as raw materials in food, nutrition and/or dietary supplement industries; derivatives being types of chemical preparations containing Beta-aminoisobutyric acid including salts, polymers, esters, and acids, for use used as raw materials in food, nutrition and/or dietary supplement industries; mixtures being types of chemical preparations containing derivatives of Beta-aminoisobutyric acid, for use used as raw materials in food, nutrition and/or dietary supplement industries; chemical preparations being Beta-aminoisobutyric acid isomers, for use used as raw materials in food, nutrition and/or dietary supplement industries; mixtures being types of chemical preparations containing Beta-aminoisobutyric acid isomers,  for use used as raw materials in food, nutrition and/or dietary supplement industries; derivatives being types of chemical preparations containing Beta-aminoisobutyric acid isomers including salts, polymers, esters, and acids, used for use as raw materials in food, nutrition and/or dietary supplement industries; mixtures being types of chemical preparations containing derivatives of Beta-aminoisobutyric acid isomers, used for use as raw materials in food, nutrition and/or dietary supplement industries”

 

Please let me know by phone or email how you would like to proceed or if you have any questions about the application as soon as possible.

 

Kind regards,

 

Elaine Xu

Trademark Examining Attorney

Law Office 128

(571) 270-5297

elaine.xu@uspto.gov