NOTE TO THE FILE
SERIAL NUMBER: 88572063
DATE: 11/13/2019
NAME: fgallego
NOTE:
Discussed file with
Applicant via:
X phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS: ENTERED AMENDMENT TO THE IDENTIFICATION AND ENTERED DISCLAIMERPRINT 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
----------------------------------------------------------------------------------------------From: Perez, Corinne <Corinne.Perez@ajinomotofoods.com>
Sent: Wednesday, November 13, 2019 1:52 PM
To: Gallego, Fabiola <Fabiola.Gallego@USPTO.GOV>
Subject: FW: Trademark Application 88572063 -ESSENTIAL CARE
See Below
-----------------------------------------------------------------------
Corinne PerezLegal Affairs Manager/Paralegal
AJINOMOTO NORTH AMERICA DIVISION
TEL: (909) 477-4813 (Direct)
From: Taylor, Paul [mailto:taylorp@ajiusa.com]
Sent: Wednesday, November 13, 2019 10:46 AM
To: Perez, Corinne <Corinne.Perez@ajinomotofoods.com>
Subject: RE: Trademark Application 88572063 -ESSENTIAL CARE
I approve. Thanks.
Paul
503-515-2289
From: Perez, Corinne <Corinne.Perez@ajinomotofoods.com>
Sent: Wednesday, November 13, 2019 9:56 AM
To: Taylor, Paul <taylorp@ajiusa.com>
Subject: FW: Trademark Application 88572063 -ESSENTIAL CARE
Hello Paul: I spoke with Ms. Gallego regarding the information below for the mark Essential Care. Her recommendation for the description of the goods is below. I preliminarily responded with this being acceptable, however only you can bind the company. She would like your approval.
-----------------------------------------------------------------------
Corinne PerezLegal Affairs Manager/Paralegal
AJINOMOTO NORTH AMERICA DIVISION
TEL: (909) 477-4813 (Direct)
From: Gallego, Fabiola [mailto:Fabiola.Gallego@USPTO.GOV]
Sent: Wednesday, November 13, 2019 9:52 AM
To: Perez, Corinne <Corinne.Perez@ajinomotofoods.com>
Subject: FW: Trademark Application 88572063 -ESSENTIAL CARE
EXTERNAL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
See below.
From: Gallego, Fabiola
Sent: Thursday, November 7, 2019 7:20 PM
To: corinne.perez@ajinomotofoods.com
Subject: Trademark Application 88572063 -ESSENTIAL CARE
Good afternoon,
I am an examining attorney with the U.S. Patent and Trademark Office. I am reviewing the trademark applications for ESSENTIAL CARE Serial No. 88572063. There are two issue I’d like to discuss with you about the application.
Disclaimer Requirement: The term “CARE” should be disclaimed because it appears to be descriptive of applicant’s medical food goods. As a result, applicant must provide a disclaimer statement. With applicant’s permission, I will add the following statement to the record:
No claim is made the exclusive right to use “CARE” apart from the mark as shown.
Amendment to the Identification of Goods: The description of goods in the identification should be clarified to specify the that nature of the goods including clarification on the term “digestive issues.” I suggest the following description, if accurate:
“Medical food, namely, hypoallergenic medical food for treating children with digestive
issuesdiseases and disorders” in International Class 5
If you agree, I can make the changes for you via an Examiner’s Amendment, and the application may proceed toward registration. Please let me know if you have any questions. Thank you.
Sincerely,
Fabiola
Fabiola Gallego
Examining Attorney
Law Office 113
571-272-0157
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution of this message, or the taking of any action based on it, by you is strictly prohibited.
Ajinomoto Foods North America, Inc.
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution of this message, or the taking of any action based on it, by you is strictly prohibited.