NOTE TO THE FILE
Sent to TICRS as Serial Number: 90001866SERIAL NUMBER: 90002079
DATE: 02/16/2021
NAME: kkung
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 (copied below) Attorney/ApplicantRequested Law Library search X 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:
From: Scott Creasman <screasman@taylorenglish.com>
Sent: Tuesday, February 16, 2021 12:05 PM
To: Kung, Kaelie <Kaelie.kung@USPTO.GOV>
Cc: Raj Bowie <rbowie@taylorenglish.com>
Subject: RE: U.S. Trademark Application Serial Nos. 90001866 for LYS and 90002079 for LYS BEAUTY
Kaelie,
Thank you for your message. Applicant hereby consents to the proposed revision to the description of goods in Class 003.
Please let me know if you need anything else.
Best regard.
Scott
W. Scott Creasman
Taylor English Duma LLP | 1600 Parkwood Circle, Suite 200, Atlanta, GA 30339
P: 678.336.7179 | M: 404.226.5454 | screasman@taylorenglish.com
Website | vCard | LinkedIn
California | Florida | Georgia | Illinois | Massachusetts | New York | North Carolina | Pennsylvania | Tennessee | Texas
This communication (together with all attachments) may contain privileged or confidential information, and its sender reserves and asserts all rights that may apply to it. If you are not the intended recipient or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate or otherwise use the information. Also, please indicate to the sender that you have received this communication in error and delete the copy you received. If you have not executed an engagement letter with this firm, we do not represent you as your attorney and no duties are intended or created by this communication. Most legal rights have time limits, and this e-mail does not constitute advice on the application of limitation periods unless otherwise so expressly stated.From: Kung, Kaelie <Kaelie.kung@USPTO.GOV>
Sent: Tuesday, February 16, 2021 11:56 AM
To: Scott Creasman <screasman@taylorenglish.com>
Cc: Raj Bowie <rbowie@taylorenglish.com>; Trademark Docketing <trademarkdocketing@taylorenglish.com>
Subject: U.S. Trademark Application Serial Nos. 90001866 for LYS and 90002079 for LYS BEAUTY
Dear Mr. Creasman,
The above applications are your docket #s 70662-3010 and 70662-3020.
For the above applications, the proposed identification amendment from the 1/26/21 Response to Office Action filing is acceptable in Class 003 with the exception of the highlighted wording below, which remains indefinite:
“Cosmetics; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely, skin resurfacing treatments, skin refinishing treatments, facial scrubs, cosmetic facial masks, cosmetics anti-aging and anti-wrinkle treatments in the nature of creams, moisturizers, toners, and serums, and facial cleaning preparations in the nature of salicylic acne cleansers not for medical purposes”.
“Treatments” typically refer to either a medical product in Class 010, or a medical or cosmetic procedure in Class 044. This wording needs to be further specified as being “beauty” or “cosmetic” in nature/purpose in order to be sufficiently clear in the identification and to fit within Class 003.
The following amendment would be acceptable (added wording in bold font):
“Cosmetics; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely, cosmetic skin resurfacing treatments, cosmetic skin refinishing treatments, facial scrubs, cosmetic facial masks, cosmetics anti-aging and anti-wrinkle treatments in the nature of creams, moisturizers, toners, and serums, and facial cleaning preparations in the nature of salicylic acne cleansers not for medical purposes”.
Please let me know if I can amend the identification as indicated above, via an Examiner’s Amendment in each of these applications, or if you would prefer an Office Action to address this matter. All other issues for these applications are resolved, so upon correction of this issue, I will be able to approve these marks for publication.
Sincerely,
Kaelie
Kaelie E. Kung
U.S. Patent & Trademark Office
Trademark Examining Attorney
Law Office 103
571-272-8265
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. Sect.2.191 and TMEP Sections 709.04-05.