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. 

 

Mark: JB Pineapple Design

Serial Number  76/563528

 

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

 

Identification of Goods 

 

The identification of goods is unacceptable as indefinite.  The word “toiletries” is indefinite.  The type of toiletries must be specified by common commercial name.  In addition, the applicant must indicate that the “deodorant” is “personal deodorant.”  Recommended language is highlighted in italics below.  The applicant may adopt the following identification, if accurate: 

 

Cosmetics and toiletries, namely, facial makeup, concealers, blushers, facial powders, foundation makeup, eye makeup, eye pencils, eyebrow pencils, eye shadow, mascara, false eyelashes, cosmetic pencils, lipstick, lip gloss, lip pencils, makeup removers, makeup applicators in the nature of cotton swabs for cosmetic purposes, facial cleansers, toners, face tonics, face masks, facial exfoliants, facial creams, facial lotions and non-medicated facial treatments, skin moisturizers, skin moisturizer masks, nail care preparations, nail polishes, nail enamel, nail polish removers, nail

 

 

 

creams, hand creams, bath beads, bath crystals, bath foam, bath gels, bath oils, bath salts, skin cleansers, body scrubs, body fragrances, body lotions, body conditioners, body gels, body powders, body exfoliants, body creams, shimmering body creams; sunscreen preparations, suntanning preparations and after-sun lotions; self-tanning preparations, namely, self tanning milk and cream, accelerated tanning cream, self-tanning lotions, gels and sprays; perfumes, colognes, toothpaste and personal deodorant; hair care products, namely, shampoos, conditioners, mousse, gels, hair removing creams and hair care cream preparations; soap; body washes; aftershave; aftershave balm and anti-perspirant/deoderant; in International Class 3.

 

TMEP §1402.01.

 

Additions to Goods or Services Not Permitted

 

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.

 

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. §1052(d).  TMEP §704.02.

 

Trademark Status Line

 

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  The TARR database is available 24 hours a day, 7 days a week.  Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday. 

 

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

 

 

 

 

 

 

/Mary E. Crawford/

Trademark Attorney

Law Office 102

(703) 308 – 9102 ext. 162

 

 

 

 

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.