UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/652692
APPLICANT: JEN USA INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: TAKO
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CORRESPONDENT’S REFERENCE/DOCKET NO: P-4069-27
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.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/652692
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Classification
Applicant must correct the classification of the goods in the application and amend the application to classify them in the appropriate International Class. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
Identification of Goods
The wording in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. Applicant may adopt the following identification of goods, if accurate:
Class 3
COLOR COSMETICS, NAMELY-- LIPSTICKS, LIPSTICK LINERS, LIP GLOSS, EYELINERS, EYE SHADOWS, BLUSHERS, FACE POWDERS, FOUNDATION, MASCARAS, NAIL POLISHES, EYEBROW PENCILS; SKIN TREATMENT PRODUCTS, NAMELY-- CLEANSERS, TONERS, MOISTURIZERS, EYE CREAMS, HAND AND BODY LOTIONS, BODY AND SHOWER GELS, AND FACIAL SOAP, NAIL CARE PREPARATIONS, AND NAIL POLISH REMOVERS; FRAGRANCE PRODUCTS, NAMELY-- COLOGNE, PERFUME, TOILET WATER, SCENTED SOAPS, BODY POWDERS, BATH OILS; SUN SCREEN PREPARATIONS; HAIR CARE PRODUCTS, NAMELY-- HAIR COLORING, HAIR BLEACHES, HAIR LIGHTENERS, HIGHLIGHTING PREPARATIONS; SHAMPOOS; CONDITIONERS, HAIR COLOR STAIN REMOVERS, HAIR GELS, MOUSSES, HAIR SPRAYS AND STYLING LOTIONS; AND HAIR CARE PREPARATIONS, NAMELY-- HAIR BODY AND ROOT LIFT GELS; bath sets comprised of bath gels, bath foams and bath oils;
Class 14
Bracelets, namely, silicone bracelets and beaded bracelets;
Class 18
Sleepover trolley, namely, cosmetic cases sold empty; stuffed fleece satchels;
Class 20
Plush pillows; sleeping bags;
Class 21
Resin hairbrush; shampoo and conditioner bottles sold empty;
Class 24
Fleece blanket throws; and
Class 25
Fuzzy slippers; booties.
TMEP §1402.01.
For further assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth 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 (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
Translation
Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809. In the present case, the wording “TAKO” needs translating for the record. The following translation statement is suggested: “The English translation of the word TAKO in the mark is SO, OCTOPUS, and/or BASE.”
To check status information, please use either http://tarr.uspto.gov, or call 703-305-8747 (Monday-Friday, 6:30 a.m. to 12 midnight, EST). If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (571) 272-9250 or (800) 786-9199 and request a status check. TAC is open from 8:30 a.m. to 5:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays.
The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at: http://portal.gov.uspto.report/external/portal/tow. Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR. The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access. This conversion process is expected to take several years. Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.
On July 18, 2005, the USPTO introduced a new version of the application for a Trademark/Service mark, Principal Register. The TEAS Plus form has a lower filing fee of $275 per class of goods and/or services (the TEAS form fee is $325 per class of goods and/or services), but has stricter requirements than the TEAS form.
Conclusion
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Ingrid C. Eulin/
Ingrid Eulin
Law Office 111
(571) 272-9380
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.