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 assigned examining attorney has reviewed the referenced application and determines as follows:

 

 

No Conflicting Marks

 

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

 

Applicant’s description of goods is unacceptable because it is indefinite.  §1402.1. 

 

Applicant’s Current Identification Of Goods

 

Class 003:  Preparations for body and beauty care

 

Class 005:  Pharmaceutical preparations, namely, for use in aesthetic surgery and dermatology and for the treatment of diseases of the central nervous system, dystonia, blepharospasm and spasmodic torticollis, spasticity, cerebral palsy, pain, snoring, migraine and hyperhydrosis

 

 

Applicant must clarify the identification of goods as follows.  See TMEP §1402.01.

 

(1) Please note that beauty and body care preparations is indefinite because body care preparations may be in class 005

 

 

 

Suggested Acceptable Identification Of Goods

 

Applicant may adopt the following identification of goods, if accurate:    See TMEP §1402.01.

 

Class 003:  body and beauty care cosmetics

 

Class 005:  Pharmaceutical preparations, namely, for use in aesthetic surgery and dermatology and for the treatment of diseases of the central nervous system, dystonia, blepharospasm and spasmodic torticollis, spasticity, cerebral palsy, pain, snoring, migraine and hyperhydrosis

 

 

Please Review The ID Manual For Guidance

 

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.

 

Scope Advisory

 

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.

 

 

 

Applicant Must Claim Prior Registration(s)

 

During a search of the Register, the following U.S. registration was located.  Please add the following claim of ownership to the record:

 

            Applicant is the owner of U.S. Registration No. 2918539.

 

37 C.F.R. §2.36; TMEP §812.

 

 

 

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.

 

 

/Nakia D. Henry/

Trademark Attorney (Law Office 111)

United States Patent and Trademark Office

Phone:  (571) 272-7208

Fax:    (571) 273-7208

 

 

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.