UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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:

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

Identification of Goods and Services

 

The wording “providing information about fitness,” “life coaching services,” and “fitness screening and assessment services” in the identification of services is indefinite and must be clarified because it is broad and may include services in more than one International Class.  See TMEP §1402.01.  Applicant may substitute the following wording, if accurate: 

 

“retail store services featuring health and wellness products, personal care and beauty products, cleaning preparations for household purposes, nutritional products, personal care appliances, fitness equipment, massage chairs, bed linens, towels, robes, books, magazines, pre-recorded audio and video discs and tapes,” in Class 35;

 

“education and entertainment services, namely, providing classes and seminars, conferences and workshops, in the fields of health, wellness, nutrition, fitness and travel; providing physical fitness, meditation and relaxation instruction; providing information about physical fitness; physical fitness consultation services; life coaching services in the field of {indicate field or subject matter, e.g., personal motivation and goal attainment},” in Class 41; and

 

“beauty salon services; therapeutic massage services; providing information about health and beauty; wellness services, namely, health care counseling, nutritional consultation, homeopathy, health screening and assessment services; fitness screening and assessment services for health purposes,” in Class 44.

 

Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services 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 services that are not within the scope of the services 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.

 

Significance

 

Applicant must specify whether the letters “UE” have any significance as applied to the services described in the application.  See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.

 

Response Guidelines

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

 

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

 

/margaretpower/

Examining Attorney

Law Office 103

margaret.power@uspto.gov

Phone 571-272-8025

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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.