Offc Action Outgoing

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.

Clarification of Drawing Format Required

Because of the degree of stylization of the font used to depict the mark on the drawing page, applicant must clarify whether a standard character drawing format or a special-form drawing format was intended. TMEP §§807.03 et seq. and 807.04 et seq. If a standard character drawing was intended, then applicant must submit the following statement: “The mark consists of standard characters without claim to any particular font, style, size, or color.” 37 C.F.R. §2.52(a). If a special-form drawing was intended, then applicant must state so for the record. 37 C.F.R. §2.52(b).

In a standard character drawing, the mark on the drawing consists of only words, letters or numbers, but does not include any designs or claims as to particular font, style, size, or color. A registration for a mark using a standard character drawing affords protection not only for the standard character version of the mark, but for any possible renderings of the mark, as long as those renderings do not contain any design elements; i.e., a registered standard character drawing of the mark gives protection for display on the specimens in any lettering style. A special-form drawing, on the other hand, shows the mark in stylized letters and/or with a design element and provides protection for only that specific rendering. 37 C.F.R. §2.52; TMEP §§807.03 et seq. 807.04 et seq.

Amendment to Identification of Goods Required

The identification of goods is indefinite and must be clarified because the nature of the items must be specified. For example, to remain in Class 3, the applicant must state that its bath care preparations are not medicated, whereas, if they are medicated, they belong in Class 5. Applicant may adopt the following identification, if accurate:

Class 3

Hair care preparations, cosmetic preparations for body and facial care, nail care preparations; non-medicated bath care preparations; non-medicated sun care preparations; deodorants for personal use; fragrances for personal use; non-medicated shaving creams; Cosmetic accessories, namely {specify items, e.g. cosmetic balls, cosmetic pencils, etc.}

Note: “cosmetic accessories” was moved to Class 3 from Class 26

Class 5

Dental rinse, medicated dental floss, mouthwash; acne medications

Note: “non-medicated dental floss” is in Class 21

Class 8

Razors; razor blades; manicure implements, namely {indicate tools, e.g. nail clippers, cuticle scissors, etc.}; nail clippers, nail files, tweezers

Class 9

Electric curling irons; sunglasses; reading glasses

Class 11

Hand-held electric hair dryers

Class 14 – no change

Jewelry

Class 21

Nail brushes, cosmetic applicator sticks; cosmetic accessories, namely {specify items, e.g. make-up brushes}; {specify electric or non-electric} toothbrushes; bath sponges; Non-medicated dental floss

Class 25

Clothing, namely {indicate items, e.g. shirts, pants, etc.}; footwear, hosiery, and underwear

Class 26

Hair accessories, namely {specify items, e.g. twisters, claw clips, etc.}

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.

For assistance with identifying and classifying 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.

Multiple-Class Application Requirements

If applicant prosecutes this application as a combined, or multiple-class application, 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; 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.

Response to Office Action

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action through the Trademark Electronic Application System (TEAS), available at http://www.gov.uspto.report/teas/index.html.

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.

/Alyssa L. Paladino/

Trademark Examining Attorney

Law Office 107

Phone: (571) 272-8808

Fax: (571) 273-9107

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 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.