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.

However, Applicant must address the following issues:

Identification and Classification of Goods Presently Listed in International Class 003

While “shampoo, conditioner, facial and hair masks” is acceptable as written, “oils, lotions, toners” must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03. Applicant must indicate the type of oils, lotions and toners. If the products are medicated or used for nutritional purposes, then they belong in International Class 005. Applicant may substitute the following wording, if accurate:

International Class 003: Shampoo, conditioner, oils in the nature of [specify the type of oils, for example, cosmetic oils, essential oils, bath oils], lotions for [specify the purpose or usage, for example, skin, hair, face, body], facial and hair masks, skin toners

International Class 005: Nutritional supplements in the nature of oils, namely cod liver oil, medicated lotions for [specify the purpose or usage, for example, skin, hair sunburn, face], medicated skin care preparations in the nature of toners

Since the application identified goods in International Class 005 and the fee for two classes was paid, Applicant need not submit an additional fee to adopt the suggested revisions listed in International Class 005 as set forth above.

Although identifications of goods may be amended to clarify or limit the goods, adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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. See TMEP §1402.04.

Standard Character Mark

Applicant must submit the following standard character claim: “The mark consists of standard characters without claim to any particular font, style, size, or color.” See 37 C.F.R. §2.52(a); TMEP §807.03(a).

Format of Applicant’s Response

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, please contact the assigned examining attorney.

/ameetajordan/

Ameeta Jordan

Trademark Examining Attorney

Law Office 105

Phone: (571) 272-8866

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.