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  76/515220

 

This letter responds to the applicant's communication filed on March 26, 2004.  The amendment to the identification of goods in classes 16 and 18, the drawing statement and the claim of prior registration.  The examining attorney has carefully reviewed the applicant’s response and has determined that the following issue is outstanding and thus made FINAL.

 

Clarification of Goods

 

With respect to international classes 3, the proposed amendment to the identification cannot be accepted because it refers to goods services that are not within the scope of the identification that was set forth in the application at the time of filing.  While the identification of goods may be amended to clarify or limit the goods, additions to the identification or a broadening of the scope of the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07.  Therefore, this wording,” top coat” should be deleted from the identification or the punctuation (,) between polish and top must be deleted. With respect to international class 21, “brushers” appears to be misspelled.  If the applicant intended to include “cosmetic brushes” then the applicant must clarify the goods for the record.

 

Perfumes; colognes; related fragrance products, namely, bath and shower gels, body soaps, essential oils for personal use, bath oils and body oils; bath salts; bubble bath; body lotions, creams, gels and powders; body sprays and mists, and fragrance fine wash; skin care products, namely, cleansing creams and lotions, skin fresheners, toners, moisturizers, night creams, cleansing bars and facial soaps, hand creams, body creams, face creams, skin conditioners, oil controllers, oil absorbers, skin masks, cosmetic facial muds, buffing creams, facial and body scrubs; skin exfoliators, skin emollients, liquid talcs, and body polishers; non-medicated sunscreen and sunblock preparations; and cosmetics, namely self tanning products, liquid makeup foundations, cream makeup foundations, facial highlighters, blemish concealers, mascaras, eyeliners, eye pencils, eye shadows, eyebrow pencils, eye makeup removers, blushers, rouges, powder and cream cheek colors, loose and pressed face powders, lipsticks, lip glosses, lip liner pencils, lip color crayons, lipstick adjusters, namely, preparations used to adjust the shade of lip color, nail care preparations, nail polish top coat, nail polish base coat.  International Class 3

 

International Class 16 and 18 are acceptable as amended.

 

Cosmetic vanity cases; cosmetic brushes.  International Class 21.

 

 

These requirements are FINAL.

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

/D. Beryl Gardner/

D. Beryl Gardner

Examining Attorney - Law Office 112

www.gov.uspto.report/teas/index.html (file responses)

beryl.gardner@uspto.gov (submit questions only)

703-308-9112 x180

 

 

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 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.