UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/481074
APPLICANT: Cosmeceutic Solutions Pty Ltd
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CORRESPONDENT ADDRESS: STEPHEN A. BENT FOLEY & LARDNER WASHINGTON HARBOUR 3000 K STREET, N.W., SUITE 500 WASHINGTON, D.C. 20007-5143 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: RESERVOIR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 025217-0110
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/481074
NOTICE OF SUSPENSION
The examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin. If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible. If the foreign application is abandoned, the Examining Attorney should be advised.
The following requirement(s) is continued concerning applicant’s identification of goods for International Class 3.
The wording “gels for cosmetic purposes, oils for cosmetic purposes, skin care preparations, cosmetic preparations for slimming purposes, plant extracts for cosmetic purposes, moisturizers, hair care products,” 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 undersigned had previously indicated that these identifications were unacceptable. “Cosmetic kits consisting of one or more of the foregoing goods” is unacceptable because it includes listings of goods which as indicated are unacceptable themselves.
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.
All other requirements have been satisfied.
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)746-8106 (fax no.)