Offc Action Outgoing

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  76/481074

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

In the preamble of the application, the applicant identifies itself as a company.  Please indicate the United States equivalent of this entity or provide a description of the nature of the entity.  TMEP §803.03(i).

 

The following amendments are required concerning the identification of goods:

 

International Class 3:

 

The wording “essential oils” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “essential oils for personal use,” if accurate.  TMEP §1402.01.

 

The wording “cleaning preparations” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “general purpose cleaning preparations,” if accurate.  TMEP §1402.01.

 

The wording “cleaning milk” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “cleansing milk for toilet purposes,” if accurate.  TMEP §1402.01.

 

The wording “cosmetic kits” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods that are contained in the kits.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01. 

 

The wording “gel for cosmetic purposes” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “cosmetic gels for skin and hair,” if accurate.  TMEP §1402.01.

 

The wording “oils for cosmetic purposes” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “bath oils and body oils,” if accurate.  TMEP §1402.01.

 

The wording “skin care preparations” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “non-medicated skin care preparations,” if accurate.  TMEP §1402.01.

 

The wording “cosmetic preparations for slimming purposes” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “plant extract compositions for cosmetic purposes” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “moisturizer” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “skin moisturizers,” if accurate.  TMEP §1402.01.

 

The wording “hair care products” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “hair care preparations,” if accurate.  TMEP §1402.01.

 

International Class 5:

 

The wording “pharmaceuticals” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “pharmaceutical preparations for the treatment of [name disease to be treated],” if accurate.  TMEP §1402.01.

 

The wording “veterinary preparations” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “fungicides” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “fungicides for agricultural and domestic uses,” if accurate.  TMEP §1402.01.

 

The wording “medicated compositions for topical application” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “antibacterial compositions for medical use” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “antibacterial pharmaceuticals,” if accurate.  TMEP §1402.01.

 

The wording “antiviral compositions for medical use” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “antiviral for medical use,” if accurate.  TMEP §1402.01.

 

The wording “anti-acne preparations” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “acne treatment preparations,” if accurate.  TMEP §1402.01.

 

The wording “medicated compositions for treatment of skin disease” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “medicated skin preparation for use in treating skin disease,” if accurate.  TMEP §1402.01.

 

The wording “topical compositions for treatment of scarring or skin damage” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “pharmaceutical compositions for spray application to skin” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “pharmaceutical preparations for transdermal delivery” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

The following authorities govern the processing of trademark and service mark applications:  The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).

 

 

 

/Edward Nelson/

Examining Attorney

Law Office 106

(703) 308-9106, ext. 197

(703) 308-8106 (fax no.)

 

 

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.