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  76/517794

 

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

 

No Confusingly Similar Marks

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 informalities, however, must be addressed.

 

Disclaimer

The applicant must insert a disclaimer of CLEAR in the application.  Trademark Act Section 6, 15 U.S.C. §1056; TMEP §1213. The term is descriptive of a character or feature of the goods.

 

A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use CLEAR apart from the mark as shown.

 

A disclaimer does not remove the disclaimed matter from the mark.  It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.

 

Identification of Goods as to International Class 03

The identification of goods as to International Class 003 is unacceptable as indefinite.  The applicant may adopt the following identification, if accurate: 

 

IC 003: Non-medicated facial skin care preparations, namely, facial cleanser, pre-moistened facial wipes and facial strips, facial treatment cream, gel and lotion, eye treatment cream, gel and lotion, anti-aging cream, gel and lotion; moisturizer cream, gel and lotion; cosmetics, namely, foundation, make-up, pressed facial powder, loose facial powder, eye shadow and lip color.

 

To the extent the suggested identification of goods or services is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at www.uspto.gov under the heading Trademarks and the subheadings Guidance and Manuals and Legal Resources. 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. Section 2.71(b); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of the goods recited in the present identification.

 

Advisory - New Drawing Rules in Effect for Applications Filed on or After November 2, 2003

 

New Trademark Rules pertaining to drawings went into effect on November 2, 2003.  The new rules may be found at 37 C.F.R. §2.52 et seq. and information regarding these rules may be found in Exam Guide 01-03.

 

All applications filed on or after November 2, 2003, must comply with the new drawing rules.   For applications filed before November 2, 2003, the new rules are optional.  Applicants opting to amend their drawing to comply with the new rules must advise the assigned Examining Attorney.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/AKhan/

Trademark Attorney

Law Office 114

(703) 308-9114 x-196

 

 

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.