NOTE TO THE FILE
Sent to TICRS as Serial Number: 88511589SERIAL NUMBER: 88580247
DATE: 09/26/2019
NAME: jmaihos
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
X Wikipedia
X Acronym Finder Protest evidence reviewed
Other:Checked:
X Geographic significance
X Surname
X Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
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:X OTHER:
Thanks, Jessie.
Yes, it is fine to disclaim COMPANY for application 88580247.
For application 88511589 (Stability Shield) your proposed identification is acceptable.
Thanks for your efficient resolution of concerns.
Best regards,
Marjory
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From: Maihos, Jessie <Jessie.Maihos@USPTO.GOV>
Sent: Wednesday, September 25, 2019 3:13:35 PM
To: Marjory Stewart <stewartlawscience@hotmail.com>
Subject: RE: UAS Laboratories Marks
Hi Marjory,
Thank you for email and further clarification about the specimen. I can accept the specimen and keep the amended identifications in International Class 005.
Do you also agree to the disclaimer of “COMPANY” in serial number 88580247?
What about the amended ID for STABILITY SHIELD – 88511589: International Class 020: Packaging containers of plastic for packaging of probiotics
Please let me know if you also agree to these changes and I will enter the Examiner’s Amendments for you. Thanks so much.
Best,
Jessie
Jessie A. Maihos
Trademark Examining Attorney
Law Office 121
571-270-3545
From: Marjory Stewart <stewartlawscience@hotmail.com>
Sent: Wednesday, September 25, 2019 2:58 PM
To: Maihos, Jessie <Jessie.Maihos@USPTO.GOV>
Subject: Re: UAS Laboratories Marks
Attorney Maihos
Thanks for your correspondence.
1. Re:
88500414
88503440
88503601
Could we use the language you proposed for the new identification but keep the applications in Class 5?
This would be consistent with other current cases. Please see:
88500402
88500396
88500381
88500330
88500295
88500319
2. Re: 88580320:
Disclaimer of COMPANY approved.
3. Re Stability Shield traverse to 1b.
The specimen is a web shot of the page of the website where business to business customers go to select a form of packaging for probiotics that the applicant formulates and packages as a contract manufacturer. The packaging is purchased in the context of the overall order. I called to discuss this one. I am available if you have a chance to call in the next couple of hours. Otherwise I’ll be available all day tomorrow or Friday.
Best regards,
Marjory Stewart
414-807-7025
Sent from my iPhone
On Sep 24, 2019, at 3:04 PM, Maihos, Jessie <Jessie.Maihos@uspto.gov> wrote:Hi I just wanted to follow up about these. Thanks so much.
Jessie A. Maihos
Trademark Examining Attorney
Law Office 121
571-270-3545
From: Maihos, Jessie
Sent: Sunday, September 22, 2019 2:51 PM
To: marjory@marjorystewart.com
Cc: stewartlawscience@hotmail.com
Subject: UAS Laboratories Marks
Hi Marjory,
I am the Trademark Examiner assigned to the following applications:
UAST-09 – 88500414
UALS-07 – 88503440
UALPC-04 – 88503601
For these I need an amended classification and identification of goods, because based on the specimens of record, these goods are ingredients in dietary supplements and not the actual dietary supplements:
International Class 001: Microbes for use in the manufacture of probiotic supplements, sold as an ingredient of dietary supplements
STABILITY SHIELD – 88511589
Amended ID: International Class 020: Packaging containers of plastic for packaging of probiotics
Amend the application to Section 1(b) to afford a specimen refusal. The specimen of record is not acceptable because there is no means to purchase the goods. To be acceptable, a specimen of a webpage display must include (1) a picture or sufficient textual description of applicant’s goods that (2) shows the mark associated with the goods, and (3) a way of ordering the goods (e.g., a “shop online” or “shopping cart” button or link, an order form, or a telephone number for placing orders).
THE PROBIOTIC COMPANY – 88580320
UASLABS THE PROBIOTIC COMPANY – 88580247
Disclaimer of “COMPANY”. I note that these marks are claiming Section 2(f), but “COMPANY” is generic so it also needs a disclaimer.
Please let me know if you approve of these changes and I will enter them for you with Examiner’s Amendments. Thanks so much.
Best,
Jessie