`
` Protest evidence reviewed
`
`SERIAL NUMBER:
`
`87929749
`
`DATE:
`
`01/29/2019
`
`NAME:
`
`ssettles
`
`NOTE:
`
`Searched: Google Lexis/Nexis OneLook
`
` Wikipedia
` Acronym Finder
` Other:
`
`Checked: Geographic significance
` Surname
` Translation
`
` ID with ID/CLASS mailbox
`
` Checked list of approved Canadian attorneys and agents
`
`Discussed file with
`Attorney/Applicant via:
` phone
` X email
`
`
`
` Left message with
` Attorney/Applicant
`
` Requested Law Library search
` for: and entered changes in TRADEUPS
`
` Issued Examiner’s Amendment
`
`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:
`
` OTHER:
`
`From: Lewis, Shaila E.
`Sent: Tuesday, January 29, 2019 3:11 PM
`To: 'Viktoria Kulikova' <viktoria@atdec.com>
`Subject: RE: U.S. PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING U.S. APPLICATION NO. 88105927
`(ATDEC)
`
`Dear Mrs. Kulikova,
`
`Our system does not show that a response was filed. Please check to make sure your filing was received. You may want to refile it just
`in case.
`
`Kind regards,
`
`
`
`
`
`
`
`
`
`Shaila E. Lewis
`Trademark Examining Attorney
`Law Office 114
`571-270-1527 (tel.)
`571-270-2527 (fax)
`
`From: Viktoria Kulikova [mailto:viktoria@atdec.com]
`Sent: Monday, January 28, 2019 9:33 PM
`To: Lewis, Shaila E. <Shaila.Lewis@USPTO.GOV>
`Subject: Re: U.S. PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING U.S. APPLICATION NO. 88105927
`(ATDEC)
`
`Dear Shaila,
`I have responded to the letter and removed Section 44 as a filing basis. I hope I ticked all the right boxes. Please let me know if there’s
`anything else required from our end.
`Thank you,
`Viktoria
`
`Viktoria Kulikova | Marketing Manager | Atdec
`
`Office: +61 (0) 2 8729 5000 | Direct: +61 (0) 2 8729 5033 | Mobile: +61 (0) 418 118 054
`Suite 3, Level 2, 16 Giffnock Avenue Macquarie Park 2113 NSW Australia
`
`On 11 Jan 2019, at 06:48, Lewis, Shaila E. <Shaila.Lewis@USPTO.GOV> wrote:
`
`Mrs. Kulikova,
`
`I also overlooked the fact that changes to the application must be made by an officer of the company – a person with legal authority to
`bind the company. I’ll have to issue a letter requiring that the December 19, 2018, response be signed by an officer of the company. If
`you have any questions, feel free to email me.
`
`Kind regards,
`
`Shaila E. Lewis
`Trademark Examining Attorney
`Law Office 114
`571-270-1527 (tel.)
`571-270-2527 (fax)
`
`From: Viktoria Kulikova [mailto:viktoria@atdec.com]
`Sent: Thursday, January 10, 2019 11:55 AM
`To: Lewis, Shaila E. <Shaila.Lewis@USPTO.GOV>
`Subject: Re: U.S. PATENT AND TRADEMARK OFFICE COMMUNICATION REGARDING U.S. APPLICATION NO. 88105927
`(ATDEC)
`
`Dear Sheila,
`Please remove the section 44e basis and proceed with the Section 1(a) basis.
`Thank you,
`Viktoria
`On 10 Jan 2019, at 7:08 pm, Lewis, Shaila E. <Shaila.Lewis@USPTO.GOV> wrote:
`
`Dear Mrs. Kulikova,
`
` I
`
` am the examining attorney assigned to review the above-referenced trademark application on behalf of the U.S. Patent and
`Trademark Office. I received your response to office action filed December 19, 2018. The response resolved the specimen issue.
`However, the Section 44e refusal was not addressed. The mark in the foreign registration differs from the mark in the U.S. Application.
`
`
`
`
`
`
`
`
`
`
`
`
`Therefore, the foreign registration cannot be accepted, and you would have to delete the Section 44e basis. Please let me know if
`you’d like to delete the Section 44e basis by examiner’s amendment and rely only on the Section 1(a) basis.
`
`Please let me know as soon as possible how you’d like to proceed.
`
`Kind regards,
`
`Shaila E. Lewis
`Trademark Examining Attorney
`Law Office 114
`571-270-1527 (tel.)
`571-270-2527 (fax)
`
`
`
`
`
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