NOTE TO THE FILE
SERIAL NUMBER: 88802224
DATE: 05/11/2020
NAME: igoodsaid
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
email Attorney/ApplicantRequested Law Library search 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:
The attachment looks fine. You need to submit the drawing in response to the action that will be sent to you forthwith. There’s a link in the action you can click on to reply.
Ira
From: Charles Bacall <cbacall@verrill-law.com>
Sent: Monday, May 11, 2020 9:08 AM
To: Goodsaid, Ira <Ira.Goodsaid@USPTO.GOV>
Cc: Kelly Donahue <kdonahue@verrill-law.com>; Verrill Dana Trademarks <trademarks@verrill-law.com>
Subject: RE: Serial No. 88802224 ELITE; Serial No. 88802242 ELITE & design
In response to your message, below, the applicant agrees to the suggested amendment to the identification of goods. Therefore, please add the wording “with high milk content” as you have suggested, for both applications.
I’ve also attached a new proposed “drawing” of the mark for Serial No. 88/802,242. Please let me know whether there are issues with this drawing as well (it is not entirely clear to me what was is wrong with the initial drawing) or, if not, how properly to submit it.
Please don’t hesitate to contact me with any questions.
Best regards, Charlie
Charles P. Bacall PARTNER
One Portland Square
Portland, ME 04101-4054
T
(207) 253-4414
From: Goodsaid, Ira [mailto:Ira.Goodsaid@USPTO.GOV]
Sent: Friday, May 8, 2020 2:08 PM
To: Kelly Donahue <kdonahue@verrilldana.com>
Subject: Serial No. 88802224 ELITE; Serial No. 88802242 ELITE & design
Importance: High
I just left you a voice message about these. ID (identical in both) needs a slight tweak because “milk beverages” is unsatisfactory by itself. The drawing for the design mark does not reproduce satisfactorily, so a substitute drawing is required. If you so authorize quickly, I can resolve the ID issue via Examiner’s Amendment & address the drawing issue via Priority Action as follows.
ID for both
The identification of goods is amended to read:
“Milk products excluding ice cream, ice milk and frozen yogurt; powdered milk for food purposes; milk beverages with cocoa; milk; milk beverages with high milk content; buttermilk; chocolate milk; sour cream; cheese; butter; yogurt; yogurt drinks; yogurt-based beverages; kefir; cream, being dairy products; dairy-based spreads; dairy-based powders for making dairy-based food beverages and shakes; dairy-based beverages; dairy-based food beverages; dairy-based dips; dairy-based chocolate food beverages; whipped topping, dairy based; dairy-based food beverages also containing cocoa; coffee whiteners consisting principally of dairy products,” in class 29.
37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Drawing for 88802242 ELITE & design
Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a). Additionally, the USPTO will not accept a new drawing in which there are amendments or changes that would materially alter the applied-for mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14 et seq.
For more information about drawings and instructions on how to submit a drawing, see the Drawing webpage.
Ira Goodsaid
Trademark Examining Attorney
Law Office 101
571-272-9166