NOTE TO THE FILE
SERIAL NUMBER: 90184835
DATE: 02/05/2021
NAME: choffman
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
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:X OTHER:
From: Olsen, Michael <MOlsen@winthrop.com>
Sent: Friday, February 5, 2021 2:37 PM
To: Hoffman, Christopher <Christopher.Hoffman@USPTO.GOV>
Cc: Briley, JoEllen <jbriley@winthrop.com>
Subject: RE: 90184835 / 90184842 PATHFINDER
Dear Christopher,
Our client has accepted your proposed amendments for both applications. However, the specimen correctly represents the goods in class 1, because the product is sold as a mix of yeast and nutrient enzymes together in one package.
If you still require a substitute specimen, please issue the Office Action.
Kind regards,
Michael
Michael T. Olsen
(612) 604-6718
molsen@winthrop.com
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From: Hoffman, Christopher <Christopher.Hoffman@USPTO.GOV>
Sent: Tuesday, February 2, 2021 4:43 PM
To: Olsen, Michael <MOlsen@winthrop.com>; Briley, JoEllen <jbriley@winthrop.com>
Subject: 90184835 / 90184842 PATHFINDER
Good Afternoon Mr. Olsen,
I am writing in regards to our earlier conversation concerning 90184835 / 90184842 PATHFINDER. Please note the issues below specific to each application:
90184835 PATHFINDER
As discussed, I will require a new specimen as the current appears to be for goods in IC030 (yeast). Additionally, I am proposing amendment to the identification to account for the nutrients within your client’s goods that would justify classification in IC001 with an acceptable specimen showing the same. Based on the foregoing, you may adopt the following, which you may adopt, if accurate:
“Fermentation extract; Enzymes for use in fermentation in the brewing industry; Chemical additive kits for use in fermentation comprised of yeast nutrients for industrial purposes and yeast; Chemical additive kits for use in brewing comprised of yeast nutrients for industrial purposes and yeast; Enzymes for the brewing industry; Fungal enzymes for use in brewing” in International Class 001.
90184842 PATHFINDER
As discussed, I have concern with Reg. No. 4533690 PATHFINDER for “wheat flour blends” in IC030. As proposed, we may narrow the scope of the identification to obviate relatedness of the goods as follows:
“Yeast; yeast powder; yeast extracts; all of the foregoing for brewing” in International Class 030.
Please review and advise how you wish to proceed in the above referenced applications. Thank you for your time concerning these matters
Best,
Christopher Hoffman
U.S. Patent and Trademark Office
Trademark Examining Attorney
Law Office 128
(571) 272-3351
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and may be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 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.