NOTE TO THE FILE
SERIAL NUMBER: 90080167
DATE: 09/02/2020
NAME: joakes
NOTE:
Searched:
X Google
Lexis/Nexis
X OneLook
X 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:
From: Marc Callipari <marc@calliparilaw.com>
Sent: Wednesday, September 2, 2020 10:45 AM
To: Oakes, Jeffrey <Jeffrey.Oakes@USPTO.GOV>
Subject: Re: USPTO Application No. 90080167 TRUDOSE
Hi Jeffrey,
Your proposed modifications are acceptable to Gofire.
Thank you!
Marc
Marc Callipari
Callipari Law, LLC
marc@calliparilaw.com
720.841.2700
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On Sep 2, 2020, at 8:42 AM, Oakes, Jeffrey <Jeffrey.Oakes@USPTO.GOV> wrote:
This email is intended for Marc Callipari, and/or any authorized party.
NOTE: The following email addresses an issue found in U.S. Application No. 90080167 for the mark “TRUDOSE” in standard characters. The below issue can be resolved over the phone or by return email in order to expedite the publication of the mark.
Dear Mr. Callipari:
I am the USPTO trademark examining attorney assigned to the above application. The above application appears almost ready to proceed. However, there are issues regarding the identification and disclaimer that may be resolved by reply email or phone.
In short, the application identifies “smart cartridges for electronic vaporizers sold empty” in Class 34. As “vaporizers” also may refer to medical devices, the ID Manual requires that vaporizers in Class 34 be noted as for oral use by smokers. Further, the cartridges must be noted as “refill” cartridges rather than those sold as integral components of the vaporizers themselves.
With your permission, I would like to amend the identification as follows (with additional wording bolded): “Smart refill cartridges for smokers’ electronic oral vaporizers sold empty.”
The application also reflects a disclaimer of the term “DOSE” in the applied-for mark. Although potentially descriptive, the mark reflects a compressed, single term such that the disclaimer is unnecessary. With your permission, I would like to remove that disclaimer from the record.
Please email me at your earliest convenience if you would like to resolve the issue by email, Mr. Callipari. Alternatively, please feel free to call me at (571) 272-8653 if you would prefer to discuss or resolve the issue by phone. If I do not hear from you by Tuesday, September 8, 2020, I will need to issue an Office action reflecting the above issue. Thank you, Mr. Callipari!
Best Regards,
Jeffrey A. Oakes
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 128
Phone: (571) 272-8653