Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            90087192

DATE:                                11/20/2020

NAME:                               fbeaudry

NOTE:         

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

From: Michelle J. Miller, Esq. <mjmlaw2018@gmail.com>
Sent: Friday, November 20, 2020 1:39 AM
To: Beaudry-Torres, Faith <Faith.Beaudry-Torres@USPTO.GOV>
Subject: Re: OFFICIAL USPTO COMMUNICATION - Trademark Application for "KIMITREA NATURALS", SN: 90087192

 

Good evening,

 

Thank you for your email. On behalf of the client, I agree with and approve the amendments and disclaimer identified in your email below. Thank you for resolving these issues with an examiner’s amendment. Please let know if I need to take any additions action.

 

Kind regards,

 

Michelle 

 

On Thu, Nov 19, 2020 at 4:53 PM Beaudry-Torres, Faith <Faith.Beaudry-Torres@uspto.gov> wrote:

Dear Michelle J. Miller,

 

I am the trademark examining attorney to whom this application has been assigned for review. There are a few issues that we could resolve by examiner’s amendment to expedite the process, based on your reply to this email or a phone call. Please read each of the issues below and approve or answer each inquiry, as soon as possible. I need to act on this application on or before November 26, 2020 by the end of the day, EST time.

 

1)      Identification of goods – the identification is indefinite. The following changes in bold are suggested:

 

CLASS 003:          Castor oil for cosmetic purposes; Coconut oil for cosmetic purposes; Hair butter; Hair sprays; Hair styling preparations; Hair care creams; Hair care kits comprising non-medicated hair care preparations, namely, shampoo bar and conditioner, as well as hair oil, hair gel, hair masks for edge control, styling custard, hair mist with hair mask.; Hair care lotions; Hair care preparations; Hair gel and hair mousse; Hair masks; Hair nourishers; Hair shampoos and conditioners; Hair styling gel; Shampoo-conditioners; Hair conditioner; Hair oils; Hair shampoo; Hair care preparations consisting of organic coconut virgin oil and coconut virgin oil; Non-medicated cosmetic skin care preparations consisting of organic coconut virgin oil and coconut virgin oil; Non-medicated preparations all for the care of skin, hair and scalp; Nonmedicated soaps made from babassu vegetable oil, aloe butter and candlenut oil; Oils for hair conditioning; Styling sprays for moisturizing, hydrating and protection of natural hair, curly, coily hair, as well as relaxed hair and straight hair

 

Note: Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e). 

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

 

2)      Disclaimer required – the word “NATURALS” is descriptive of applicant’s good. The following statement is required:

 

No claim is made to the exclusive right to use “NATURALS” apart from the mark as shown.

 

3)      Amended description of mark required – the current description does not include all of the elements featured in the drawing. The following is suggested:

 

The mark consists of a front facing woman's silhouette wearing a crown and replacing a tree. The woman’s torso replaces the trunk and the woman's arms and hands are extended upwards and replace the branches and the top half. The silhouette is surrounded above by leaves. The bottom of the drawing features the word “KIMITREA” in stylized letters, above the word “NATURALS”.

 

 

--

 

I would be happy to enter an amendment and send you confirmation of the changes. Applicant is encouraged to contact the examining attorney, if necessary.

 

I need to act on this application on or before November 26, 2020 by the end of the day, EST time.

 

Please let me know how you want to proceed or if you have questions.  To contact me, please call (571) 270-3044 or reply to this email. Thank you.

 

/Faith Beaudry-Torres/

Trademark Examining Attorney

Law Office 126

United States Patent and Trademark Office

571-270-3044

faith.beaudry-torres@uspto.gov

 

--

Michelle J. Miller, Esq., LLM

Founder & Chief Esquire Officer (CEO)

The M. J. MILLER Law Firm, LLC

200 East Randolph Street, Suite 5100

Chicago, IL 60601

(312) 985-5200

 

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