NOTE TO THE FILE
SERIAL NUMBER: 88668134
DATE: 11/22/2019
NAME: kmoninghoff
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:
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:
From: Moninghoff, Kim
Sent: Friday, November 22, 2019 4:16 PM
To: Ralph Loeb <ralph@kranesmith.com>
Subject: RE: Trademark Application No. 88668134 CULTURE - please respond by Tuesday, 11/26
Thank you. You should receive the EA and suspension notice shortly.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.
From: Ralph Loeb <ralph@kranesmith.com>
Sent: Friday, November 22, 2019 4:09 PM
To: Moninghoff, Kim <Kim.Moninghoff@USPTO.GOV>
Subject: RE: Trademark Application No. 88668134 CULTURE - please respond by Tuesday, 11/26
Dear Kim,
Your suggested amendment to the identification is acceptable.
Ralph C. Loeb, Esq.
Partner
KRANE & SMITH, APC
16255 Ventura Boulevard
Suite 600
Encino, CA. 91436
Tel: (818) 382-4000
Fax: (818) 382-4001
Email: Ralph@kranesmith.com
From: Moninghoff, Kim [mailto:Kim.Moninghoff@USPTO.GOV]
Sent: Friday, November 22, 2019 1:07 PM
To: Ralph Loeb
Subject: Trademark Application No. 88668134 CULTURE - please respond by Tuesday, 11/26
Mr. Loeb,
I’ve been assigned to review this trademark application. I’ve conducted my search and am concerned about a likelihood of confusion with the following two marks:
Registration No. 4544843, CULTURE in standard-character form for “Retail and wholesale store services in the field of employee uniforms,” in Class 35.
Application No. 88626002, CULTURE and design for “Clothing, namely, shirts, shorts, hats, and belts,” in Class 25.
This appears to be a case in which we can obviate any confusion with the registered mark with an amendment to the identification, such as the following:
Clothing, namely, t-shirts, hoodies and jackets, none of the forgoing for use as work uniforms, in Class 25.
If you consent to this amendment, you can let me know by reply email or phone and I will enter it by Examiner’s Amendment. I would then suspend action on this application pending abandonment or registration of the earlier filed application.
If you have any questions, please let me know.
If I don’t hear back from you by the end of the day Tuesday (11/26), I will send you a formal Office action with a Section 2(d) refusal and advisory.
As a reminder, I cannot accept argument/evidence regarding a refusal or potential refusal by email. Thank you.
Kim Teresa Moninghoff
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
All informal e-mail communications relevant to this application will be placed in the official application record.