NOTE TO THE FILE
Sent to TICRS as Serial Number: 90095736SERIAL NUMBER: 90095399
DATE: 01/15/2021
NAME: mfitzsimons
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 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: Karima Gulick <karima@kgulick.com>
Sent: Friday, January 15, 2021 5:42 PM
To: Fitzsimons, Michael <Michael.Fitzsimons@USPTO.GOV>
Cc: desiree@kgulick.com; admin@kgulick.com; trademarks@kgulick.com
Subject: Re: U.S. Trademark Application Serial Nos. 90095399 & 90095736 | Marks: VICI & VICI WELLNESS
Hello Examining Attorney FitzSimmons,
Thank you for your email and call this morning. I agree with your suggested amendment.
Thank you and wishing you a great weekend!
Karima Gulick, Esq.
Registered Patent Attorney | Innovent Law P.C.
Patents | Trademarks
33 Brookline, Aliso Viejo, CA 92656
2372 Morse Ave Suite 147, Irvine, CA 92614
P: 949.429.0212 | E: karima@kgulick.com
W: kgulick.com
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On Fri, Jan 15, 2021 at 12:46 PM Fitzsimons, Michael <Michael.Fitzsimons@uspto.gov> wrote:
Your Ref. Nos: VIC020-005TM & VIC020-003TM
Dear Attorney Gulick:
I left a message for you earlier today, and am sending this email with further information.
As you may recall, we spoke last month regarding amendments to the applications. Subsequent to the amendments, the applications were approved for publication. However, they have since been withdrawn from publication as it has been determined that the identifications are indefinite. Specifically, the wording “Hemp lip balm” is unacceptable because it could include goods that are in violation of the Controlled Substances Act, namely, hemp extracts containing a concentration of tetrahydrocannabinol greater that 0.3 percent on a dry weight basis.
Therefore, the following amendment is suggested to avoid such a refusal:
Lip balm containing hemp extracts derived solely from hemp with a tetrahydrocannabinol concentration of not more than 0.3 percent by dry weight basis; topical gels being skin moisturizing gels; topical oils being body oils; topical creams being non-medicated skin creams; all of the foregoing containing cannabidiol (CBD) derived from industrial hemp not having more than 0.3 percent tetrahydrocannabinol by dry weight basis
With your authorization, I can amend the applications via Examiner’s Amendments and reapprove the applications for publications. Kindly note that if I do not hear from you by the end of business on Tuesday, January 19, 2021, I will issue an Office action requiring an amendment to the identification of goods to avoid a refusal under Sections 1 & 45 of the Trademark Act.
I apologize for any inconvenience caused by the withdrawal of these applications from publication. Should you have any questions or concerns, please do not hesitate to contact me.
Respectfully,
Michael FitzSimons
Trademark Examining Attorney
Law Office 103
United States Patent and Trademark Office
Direct Phone: (571)272-0619
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