UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,515,815
REGISTRANT: Neutrogena Corporation
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4/4/07
*2515815* |
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CORRESPONDENT ADDRESS: AMY E. CARROLL DRINKER BIDDLE & REATH LLP 1500 K ST NW STE 1100 WASHINGTON, DC 20005-1209
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NEUTROGENA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registration Division. 4. Your telephone number and e-mail address.
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Registration Number 2,515,815
The Sections 8 & 15 Combined Affidavit submitted on February 2, 2007, cannot be accepted or acknowledged for the reasons set forth below.
The Combined Affidavit sets forth goods and/or services that are not listed in the registration, i.e., cream powder makeup. Because the Combined Affidavit may only include those goods and/or services listed in the registration, these additional goods and/or services will not be added to the registration or acknowledged. 15 U.S.C. §§1058(b) and 1065; 37 C.F.R. §§2.161(e) (1) and 2.167(c); TMEP §§1604.09(d) and 1605.04. No response is needed to this issue.
The owner must submit a statement that clarifies the goods and/or services in the registration on or in connection with which the mark is in use in commerce and has been in continuous use in commerce for five consecutive years. 15 U.S.C. §§1058(b) and 1065; 37 C.F.R. §§2.161(e)(1) and 2.167(c); TMEP §§1604.09(a) and (c) and 1605.04. This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20.
The Combined Affidavit of record omits some of the goods and/or services listed in the registration. If the Combined Affidavit is intended to cover fewer than all the goods and/or services, then the owner must specify the goods and/or services being deleted. 37 C.F.R. §2.161(e)(2). The goods and/or services omitted from the Section 8 portion of the Combined Affidavit will be deleted from the registration and therefore not acknowledged by the Section 15 portion of the combined affidavit.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the <6-year Section 8/10-year Section 8>, that is, <between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062/within one year before the end of a 10-year period after the date of registration>.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action or prior to expiration of the <6th year anniversary date> on DEECEMBER 4, 2007, whichever is later. The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration. 37 C.F.R. §2.163(b); TMEP §§1604.16 and 1604.17(a).
DEFICIENCY SURCHARGE INFORMATION: A $100 deficiency surcharge must be submitted if the response to this Office action is received by the Office after DECEMBER 4, 2007<date of 6th year anniversary>. 37 C.F.R. §§2.6 and 2.164(a)(1).
Arlene L. Clinkscales
Trademark Specialist
Post Registration Division
(571) 272-9519
(571) 273-9519 (fax)
Arlene.Clinkscales@uspto.gov
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner's name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.