Notation to File

ELITE

Elite Dairy Ltd.

RE: Serial No. 88802224 ELITE; Serial No. 88802242 ELITE & design   Dear Ira,   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

NOTE TO THE FILE


SERIAL NUMBER:            88802224

DATE:                                05/11/2020

NAME:                               igoodsaid

NOTE:         

Searched:                                                             
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Checked:                                                             
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Discussed file with
Attorney/Applicant via:
        phone                               Left message with
        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
     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

 

Dear Ira,

 

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

(207) 253-4414

cbacall@verrill-law.com

 

 

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

IDENTIFICATION OF GOODS

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

DRAWING OF THE MARK

The drawing is not acceptable because the digitized image of the mark is unclear and does not show all aspects of the mark in sufficient detail. See TMEP §807.04(a). A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52.

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

ira.goodsaid@uspto.gov


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