UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/331270

 

IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES

The requirement that the applicant clarify the identification of goods and services and properly classify the goods and services is repeated and made FINAL.

 

CLASS 1

The Class 1 identification is acceptable.

 

CLASS 2

The Class 2 identification is acceptable.

 

CLASS 3

The applicant must clarify the identification of goods by indicating the use of the “synthetic heliotropine; synthetic vanilla” and “ambergris.”  TMEP §1402.01.  If these goods are all essential oils for personal use, the applicant must indicate so in the identification.

 

The applicant must clarify the identification of goods by indicating the specific “food enriching preparations.”  TMEP §1402.01.  These goods will be classified according to their nature, i.e., Soy protein for use as a food additive is in Class 29.

 

CLASS 7

The Class 7 identification is acceptable.

 

CLASS 10

The applicant must amend GTR to the proper meaning of the acronym.

 

The applicant must amend “lice combs and cases thereof” to “lice combs and cases sold as a unit” or must delete “and cases thereof” from Class 10 and add “lice comb cases” to Class 21.

 

CLASS 12

The Class 12 identification is acceptable.

 

CLASS 21

The Class 21 identification is acceptable.

 

CLASS 29

The Class 29 identification is acceptable.

 

CLASS 30

The Class 30 identification is acceptable.

 

CLASS 32

The Class 32 identification is acceptable.

 

CLASS 35

The Class 35 identification is acceptable.

 

CLASS 41

The consulting services in regard to “oral care, dental care, skin care, hair care and beauty care” are Class 42 services under the classification system prior to the January 1, 2002 Nice Agreement.  After January 1, 2002, those services are classified in Class 44.  Since this application was filed prior to the January 2002 date the applicant may elect to put these services in Class 42 or Class 44.  However, the applicant must delete “and consulting services provided therewith” from the Class 41 identification as they are not Class 41 services.

 

CLASS 42

The Class 42 identification is acceptable.

 

CLASS 43 and CLASS 44

The Class 43 and Class 44 identifications are acceptable.  However, the applicant has not paid sufficient fees to cover these classes.  The applicant must either pay the additional fees for these two classes.  In the alternative, the applicant may amend these services back to Class 42 since the application was filed prior to the January 1, 2002 Nice Agreement classification amendment instead of paying the additional fee.

 

The fee for filing a trademark application is $335 for each class.  37 C.F.R. Section 2.6(a)(1). 

 

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a). 

 

 

/Kelley L. Wells/

Kelley L. Wells

Examining Attorney

Law Office 105

(703) 308-9105x124

(703) 872-9825 fax

ecom105@uspto.gov

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.