NOTE TO THE FILE
SERIAL NUMBER: 88845393
DATE: 03/22/2021
NAME: dzarick
NOTE:
Discussed file with
Attorney via:
X emailX Issued Examiner’s Amendment and entered changes in TRADEUPS
X PRINT
X Updated pseudomark
X Re-imaged standard character drawing
X OTHER: e-mail correspondence
From: Javier Gómez (remarkable.legal) <docket2@remarkable.legal>
Sent: Monday, March 22, 2021 12:59 PM
To: Zarick, Diana <Diana.Zarick@USPTO.GOV>
Subject: Re: RE: proposed examiner’s amendment for BALANCEBREENS, serial no. 88845393
Your request (110345) has been updated. To add additional comments, reply to this email.
Javier Gómez (remarkable.legal)
Mar 22, 2021, 9:59 AM PDT
You have my permission to amend drawing.
Best,
Javier
Javier Gómez, Esq.
Trademark Attorney
Spanish Speaking
Upon Request.
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Zarick, Diana
Mar 22, 2021, 9:34 AM PDT
Dear Javier Gomez,
I’m following up in regard to the below proposed examiner’s amendment. I can provide an extension until the close of business tomorrow, Tuesday the 23rd, 5 p.m. eastern time. I will go ahead and issue an Office Action to give you more time to respond if I don’t hear from you by the end of the day tomorrow, Tuesday the 23rd.
After I issue the Office Action, you may still respond by phone or e-mail so that I can enter the changes by examiner’s amendment for your convenience within the 6 month response period to resolve the issue I mention below in my previous e-mail – the issues in the e-mail are the same that will be listed in the Office Action.
/Diana Zarick/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 126
(571) 270-5013
mailto:diana.zarick@uspto.gov
From: Zarick, Diana
Sent: Monday, March 8, 2021 2:46 PM
To: mailto:docket2@remarkable.legal
Subject: proposed examiner’s amendment for BALANCEBREENS, serial no. 88845393
Dear Javier Gomez,
I am the trademark examining attorney for this application and I am in receipt of the Statement of Use (BALANCEBREENS, serial no. 88845393). There is a minor issue that needs to be resolved before this application can move to publication. The remaining issues not mentioned in the e-mail have been satisfied. I would be happy to enter any changes for you by examiner’s amendment, based on your reply to this e-mail or a phone call or voicemail granting permission.
1. The drawing does not substantially match the mark shown in the specimen. Specifically, the mark drawing consists of the wording in compound word form: BALANCEBREENS. However, the mark in the specimen consists of the wording in two separate words: BALANCE BREENS. There are two response options to this, you may choose (a) or (b):
(a) Examiner’s amendment: One option is you may give me permission to amend the standard character drawing to match the specimen, by amending the mark to be two words instead of one as follows: BALANCE BREENS
(b) Priority action: Another option is you may opt to submit a substitute specimen to match the drawing. If this is the case, I will send a priority action for you to submit a substitute specimen in response.
Please let me know how you want to proceed or if you have any questions by next Friday at 5 p.m. eastern time, March 19, 2021. At that time, I will issue an Office Action to give you additional time to respond. Thank you.
/Diana Zarick/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 126
(571) 270-5013
mailto:diana.zarick@uspto.gov
[QGG0LD-K497]