Offc Action Outgoing

MAKE-UP GIRL

LOWE, SHERYL

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/503063

APPLICANT: Hush, Inc.

CORRESPONDENT ADDRESS:

WILLIAM A. FINKELSTEIN

ALSCHULER GROSSMAN STEIN & KAHAN LLP

1620 26TH STREET

FOURTH FLOOR, NORTH TOWER

SANTA MONICA, CALIFORNIA 90404-4060

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom110@uspto.gov

MARK: MAKE-UP GIRL

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

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.

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 76/503063

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

SEARCH TMEP §704.02 The trademark 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).

IDENTIFICATION OF GOODS TMEP §1402.01

Applicant submitted the following identification of goods:

Cosmetics, namely, blush, lipstick, powder, base, perfume, eye makeup, mascara, highlighter, shampoo and conditioner, non-medicated skin care preparations, hair gel, nail polish, nail care preparations and hair care preparations

The wording “base”, and “highlighter” in the identification of goods is unacceptable as indefinite.

If accurate, the applicant may amend this wording to:

Facial base,
Skin lightening preparation
Hair lighteners, all in International class 003.

The applicant may wish to consult the on-line identification manual on the PTO homepage for

acceptable common names of goods and services.

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

37 C.F.R. Section 2.71(a); TMEP §1402.06 While an application may be amended to clarify or limit the identification, additions to the identification are not permitted. Therefor, the applicant may not amend to include any goods/services that are not within the scope of the goods/services recited in the present identification.

/leb/ Linda E. Blohm, Trademark Examining Attorney

Ecom110@uspto.gov (the law office email address for OFFICIAL responses ONLY)

703.308.9110 ext.130, Law Office 110 Facsimile 703.746.8110

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.