UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/659164
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: EASTERN BEAUTY
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CORRESPONDENT’S REFERENCE/DOCKET NO: P-4069-30
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 76/659164
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
IDENTIFICATION OF GOODS AND CLASSIFICATION:
The identification of goods is not acceptable because wording is vague and overly broad. In addition, some of the goods were incorrectly classified. Applicant may adopt the following identification of goods, if accurate:
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, in International Class 3.
Sleepover sets, comprising, sleepover trolley, namely, _______ (The applicant must provide the common commercial or generic name for this product), plush pillows, bath set, fleece blanket, sleeping bag, stuffed fleece, silicone bracelets, resin brush, fuzzy slippers and bootie, in International Class _____ (Classification depends on the type of goods listed first.)
Bracelets, namely, silicone bracelets and beaded bracelets, in International Class 14.
Shampoo bottles sold empty, conditioner bottle sold empty, in International Class 21.
TMEP § 1402.01.
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.
The decision as to the proper classification of goods or services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office. In re Tee-Pak inc., 164 USPQ 88 (TTAB 1969).
For 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.
REQUIREMENTS FOR A COMBINED APPLICATION:
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods 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 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.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
DISCLAIMER:
Applicant must disclaim the descriptive wording “BEAUTY” apart from the mark as shown because it merely describes a feature and/or purpose of the applicant’s goods. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The applicant’s goods include cosmetics or beauty products that are used to accentuate beauty. See attached definitions.
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “BEAUTY” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
RESPONSE:
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Marlene D. Bell/
Marlene D. Bell
Law Office 105
Trademark Examiner
(571) 272-9291
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