NOTE TO THE FILE
SERIAL NUMBER: 90376285
DATE: 10/25/2021
NAME: tseling
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:
X 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: Águeda, Lisa T. <Lisa.Agueda@procopio.com>
Sent: Monday, October 25, 2021 6:33 PM
To: Seling, Tyler <Tyler.Seling@USPTO.GOV>
Cc: docketing@procopio.com; Mehta, Miku H. <miku.mehta@procopio.com>; Andelson, Emily M. <Emily.Andelson@procopio.com>
Subject: RE: USPTO Application Serial No. 90376285 - SMOOTHEE - Examiner's Amendment Possible
CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
Dear Tyler,
Thank you so much for calling this morning. I have spoken with the client and they agree to the modified language. Please proceed with the Examiner’s Amendment.
Best,
Lisa
LISA TEIXEIRA ÁGUEDA
ASSOCIATE
PROCOPIO
P. 650.645.9044 | F. 650.687.8322 | lisa.agueda@procopio.com
1117 S CALIFORNIA AVE, SUITE 200, PALO ALTO, CA 94304
procopio.com
From: Seling, Tyler <Tyler.Seling@USPTO.GOV>
Sent: Monday, October 25, 2021 11:08 AM
To: Águeda, Lisa T. <Lisa.Agueda@procopio.com>
Cc: Docketing <Docketing@procopio.com>
Subject: USPTO Application Serial No. 90376285 - SMOOTHEE - Examiner's Amendment Possible
Importance: High
* EXTERNAL EMAIL - Please use Caution. *
Dear Ms. Teixeira Agueda:
Thank you for taking my call earlier. Please respond as soon as is convenient, but no later than end-of-day (EOD) on Tuesday, October 26th, 2021.
Identification of Goods Amendment
As we discussed, the wording below further clarifies the identification of goods as it pertains to the Section 2(e)(1) refusal:
Class 21: All purpose portable household containers for containing and packing herbs and supplements, not for smoothies or beverages; Containers for household or kitchen use, namely, for containing and packing herbs and supplements, not for smoothies or beverages ; Glass storage jars for containing and packing herbs and supplements, not for smoothies or beverages; Medication containers for personal use, namely, for containing and packing herbs and supplements, not for smoothies or beverages; Plastic storage containers for household or domestic use, namely, for containing and packing herbs and supplements, not for smoothies or beverages
If the is acceptable, I can amend the application with your express authorization (e.g., return email, telephone call), and issue an Examiner’s Amendment.
Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707. All relevant e-mail communications will be placed in the official application record.
If you have any questions, please do not hesitate to contact me @ 571-272-0272.
Best regards,
Tyler
Tyler M. Seling
Examining Attorney
Law Office 112
(571) 272-0272
All relevant e-mail communications will be placed in the official application record with a Note to File.
Mon Oct 25 2021 15:32:43
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