UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/671717
MARK: VOLUME MOUSSE MASCAR
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: PRESTIGE COSMETICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: June 11, 2007
This letter responds to applicant’s communication filed on May 2, 2007. The applicant was informed via an Office action issued March 29, 2007 that the mark was refused registration under Section 2(e)(1) of the Trademark Act. The applicant was also informed of the requirement for a disclaimer of MASCARA. The response of May 2, 2007 sought amendment to the Supplemental Register. As the examining attorney was mistaken in suggesting the Supplemental Register, please note the following.
Registration is refused on the Supplemental Register on the ground that the proposed mark is not in lawful use in commerce. Trademark Act Section 23, 15 U.S.C. §1091. Amendment to the Supplemental Register is unacceptable because this application is based on applicant’s bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and applicant has not yet submitted an amendment to allege use under 37 C.F.R. §2.76. 37 C.F.R. §§2.47(d) and 2.75(b); TMEP §1102.03.
The trademark examining attorney will withdraw this refusal if applicant submits an amendment to allege use that meets the minimum filing requirements of 37 C.F.R. §2.76(e). If applicant does not delete the amendment to the Supplemental Register and submits an amendment to allege use in response to this refusal, then the Office will consider the filing date of the amendment to allege use to be the effective filing date of the application, and the trademark examining attorney will conduct a new search of Office records for conflicting marks. 37 C.F.R. §2.75(b); TMEP §§206.01 and 1102.03.
At this time, the refusal to register the mark under Section 2(e)(1) of the Trademark Act is MAINTAINED and CONTINUED. The requirement for a disclaimer of “MASCARA” is MAINTAINED and CONTINUED.
Response Guidelines:
Please note that there is no required format or form for responding to this Office action. However, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.
When responding to this Office action, applicant must make sure to respond in writing to each refusal and requirement raised. If there is a refusal to register the proposed mark, then applicant may wish to argue against the refusal, i.e., explain why it should be withdrawn and why the mark should register. If there are other requirements, then applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record. Applicant must also sign and date its response.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/Shannon M. Twohig/
Trademark Examining Attorney
Law Office 105
Phone: (571) 272-8855
Fax: (571) 273-9105
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.