NOTE TO THE FILE
SERIAL NUMBER: 88044352
DATE: 11/15/2018
NAME: jblazich
NOTE:
Discussed file with
Attorney via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSDear ,
Thank you for your message. Our client agrees with the changes that you proposed in your earlier message (below). Please advise if you need anything further to proceed with the examiner’s amendment for this application.
Thank you and best regards,
Jennifer
Jennifer M. Mikulina
PartnerMcDermott Will & Emery LLP | 444 West Lake Street, Suite 4000 | Chicago, IL 60606-0029
Tel +1 312 984 3620 | Fax +1 312 984 7700Biography | Website | vCard | Email | Twitter | LinkedIn | Blog
Debbie Sliwka, Assistant to Jennifer M. Mikulina
Tel 1 312 984 2712 | dsliwka@mwe.com
From: Sent: Wednesday, November 14, 2018 8:08 AM
To: IP Docket MWE <IPDocketMWE@mwe.com>; Mikulina, Jennifer <jmikulina@mwe.com>; Vicino, Carolyn <CVicino@mwe.com>; IP Docket Chicago <IPDocketChicago@mwe.com>
Subject: 48794-600; PLAK SMACKER #88044352
This email is intended for Jennifer M. Mikulina and/or any other authorized attorney
United States Trademark Application Serial No. 88044352
Dear Ms. Mikulina,
I am the assigned trademark examining attorney for the above-referenced application. Your application will be ready to proceed once the identification of goods in Class 21 has been amended and the wording “PLAQUE” disclaimed. For the Class 21 goods, as kits are classified according to their first listed or primary component, the kit components need to be rearranged to list “toothbrush” first (having “toothpaste” listed first would require this kit to be reclassified to Class 3). For the disclaimer, as your client has acceptable claimed prior registrations, a Section 2(f) claim as to this term can be entered based on Reg. Nos. 2180835 and 1806165. The proposed changes are shown in bold font below. Once the following changes have been granted, I will issue an examiner’s amendment and proceed with your application accordingly. Thank you for your time and consideration in this matter.
Amended Identification of Goods – Class 21 only
Class 21: Dental floss threaders; dental care kits comprised of toothbrush, dental floss, flossers, toothpaste, mouthwash and timers
Section 2(f) in Part Claim
The word “PLAK” in the mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No(s). 2180835 and 1806165 on the Principle Register for the same mark for sufficiently similar goods and/or services.
Please respond to this email by phone call or email by noon on Thursday, 15 October 2018 with your response and/or if you have any questions about the application.
Thank you,
Please note that although all relevant e-mail communications will be placed in the official application record, this email communication does not constitute a formal response to an office action. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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