Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

OFFICE ACTION

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  April 19, 2021

The owner must provide the following information in order for the USPTO to properly examine the April 7, 2021 response to the Office action:

The Section 8 Affidavit cannot be accepted because response to the Office action lists goods and/or services that are different from the goods and/or services identified in the registration. Specifically, the Section 8 Affidavit identifies the goods and/or services as “skin lotion, conditioner and spray, fingernail polish remover, a solvent for removing artificial fingernail tips, cuticle oil, cuticle remover and fingernail glazing crystals” and the registration identifies the goods and/or services as “skin lotion, conditioner and spray, fingernail polish remover, a solvent for removing artificial fingernail tips, cuticle oil, cuticle remover and fingernail glazing crystals, all sold primarily to wholesale distributors in the professional salon trade.”

The identification of goods and/or services set forth in the Section 8 Affidavit cannot be different from or broader in scope than those listed in the registration. The deletion of the limiting language “, all sold primarily to wholesale distributors in the professional salon trade” broadens the scope to any and all consumers.

Therefore, the limiting language cannot be deleted from the identification of goods.

See 37 C.F.R. §2.161(b).

Failure to comply with a request for information is grounds for refusing to accept the Section 8 Affidavit.  See 37 C.F.R. §2.161(b); cf. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016) (refusing registration based on failure to respond to an information request). 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  If a response is not received, the registration will be cancelled in its entirety.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6, 2.164(a)(1); TMEP §1604.17(a).

How to respond.  Click to file a Response to Post-Registration Office action. 

Direct questions about this Office action to the Post Registration staff member below.

Phillip D. White 

/Phillip D. White/

Program Analyst

OTQRT

571-272-9665

phillip.white@uspto.gov (inquiries only)

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.