NOTE TO THE FILE
SERIAL NUMBER: 88879710
DATE: 10/24/2020
NAME: jdwyer1
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 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:
Thank you, well noted.
Sincerely Yours,
Joseph E. Sutton, Esq.
Sutton IP Associates, P.A.
900 U.S. Hwy. 9 -Suite 201
Woodbridge, N.J. 07095
ph 732-634-3520
fax 732-634-3511
New York Office: (send mail to NJ)
15 West 37th St., 11th Floor
New York, NY 10018
NOTICE: THIS COMMUNICATION MAY CONTAIN PRIVILEGED OR OTHER CONFIDENTIAL INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT OR HAVE RECEIVED IT IN ERROR, PLEASE IMMEDIATELY DELETE THE MESSAGE AND ANY ENCLOSURES WITHOUT REVIEWING, COPYING OR DISCLOSING THE CONTENTS, AND NOTIFY THE SENDER BY REPLY EMAIL. THANK YOU.
From: Dwyer, John [mailto:John.Dwyer1@USPTO.GOV]
Sent: Tuesday, October 6, 2020 6:36 AM
To: Joseph E. Sutton <jsutton@ezrasutton.com>
Subject: RE: 88879710 CAPSTONE H Global Inc. dba Brandation
Yes, I believe that deleting “stools” will obviate the potential citation of prior-filed application serial number 88206869. However, 88206869 has since been abandoned and not yet revived. So, you may want to wait a little longer to see whether it is revived or left abandoned, in which case, the “stools” will not be an issue, other than for classification and identification purposes.
From: Joseph E. Sutton <jsutton@ezrasutton.com>
Sent: Friday, July 24, 2020 2:19 PM
To: Dwyer, John <John.Dwyer1@USPTO.GOV>
Cc: 'Ezra Sutton' <esutton@ezrasutton.com>; 'ES Trademarks' <trademarks@ezrasutton.com>
Subject: 88879710 CAPSTONE H Global Inc. dba Brandation
Dear Examiner Dwyer:
We represent the Applicant in the application identified above and reviewed your July 13, 2020 office action.
If we amend the classification of goods and delete stools (class 20), we believe this probably will obviate the citation of the prior application that was cited. Can you let us know if this appears to make sense before we prepare a formal response? This will aid us in evaluating how to proceed with the identification of goods and paying fees, and we will understand the office action better.
Thank you for your attention to this file.
Sincerely Yours,
Joseph E. Sutton, Esq.
Sutton IP Associates, P.A.
900 U.S. Hwy. 9 -Suite 201
Woodbridge, N.J. 07095
ph 732-634-3520
fax 732-634-3511
New York Office: (send mail to NJ)
15 West 37th St., 11th Floor
New York, NY 10018
NOTICE: THIS COMMUNICATION MAY CONTAIN PRIVILEGED OR OTHER CONFIDENTIAL INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT OR HAVE RECEIVED IT IN ERROR, PLEASE IMMEDIATELY DELETE THE MESSAGE AND ANY ENCLOSURES WITHOUT REVIEWING, COPYING OR DISCLOSING THE CONTENTS, AND NOTIFY THE SENDER BY REPLY EMAIL. THANK YOU.