UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/485618
APPLICANT: Mandom Corporation
|
|
CORRESPONDENT ADDRESS: WENDEROTH, LIND & PONACK, L.L.P. 2033 K STREET, N.W., SUITE 800
|
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: MIRATONE
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: TM03 007/KRO
CORRESPONDENT EMAIL ADDRESS: |
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.
|
PRIORITY ACTION
OFFICE SEARCH: 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. Section 1052(d). TMEP section 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/485618
The following issues were discussed in communication with Kaushal Odedra on December 9, 2004. This application has been withdrawn from publication for the reasons outlined below.
The identification of goods is unacceptable as indefinite because “air freshener” is an International Class 5 good and must be deleted from International Class 3. The applicant may adopt the following identifications, if accurate: TMEP section 1402.
“Perfumes; aromatics, namely, aromatherapy creams, aromatherapy oils, aromatherapy water; room fragrances, scented room sprays; eau de cologne, essential oils for personal use; deodorants, namely, personal deodorants; hair remover namely, hair removing preparations, hair removing cream; pomade, namely, pomade for cosmetic purposes, pomade cream, hair pomade; hair lotion, hair conditioner, hair setting foam and gel, hair color preparations, hair bleaches, face wash foam, skin lotion, skin milk, skin cream, cosmetics, lipstick and lip color preparations, anti-perspirant, shampoo, namely hair shampoo, body shampoo; soaps, namely skin soaps, facial soaps, hand soaps, body soaps; dentifrices; non-medicated bath preparations, namely bath liquid soaps, bath gel, bath powder; bath salt and bath tablet.” International Class 3; and/or
“Air fresheners.” International Class 5.
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 or services that are not within the scope of the goods and services recited in the present identification.
Combined Applications
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Virginia T. Isaacson/
Trademark Attorney
Law Office 110
(571) 272-9365
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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