Offc Action Outgoing

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

IDENTIFICATION OF GOODS

The following wording in the identification of goods in International Class 3 is unacceptable as indefinite and must be clarified: “bath additive,” “foot cream,” “foot salve,” and “sun care products.” Please note medicated products are typically classified in International Class 5, while non-mediated products are classified in International Class 3.

The wording “aloe vera gels” in the identification of goods in International Class 5 is overly broad because it could include goods in more than one class. Aloe vera gel for cosmetic purposes is classified in International Class 3, while aloe vera gel is for therapeutic purposes is classified in International Class 5. To clarify, the applicant must indicate the purpose of the “aloe vera gel.” Further, “blemish treatment” is indefinite and the applicant must amend to indicate the common commercial name of the goods.

“Medicated soaps” are classified in International Class 3, not Class 5, so these goods have been moved in the suggested wording below.

The applicant may amend this wording to the following, if accurate.

INTERNATIONAL CLASS 3

Personal care products, namely after shave, after shave balm, after shave lotion, alum block for use after shaving, antiperspirant, astringent for the face, cosmetic astringent for the face and skin, bath additives, namely, bath gel, bath oil, non-medicated bath soaks, blush, facial and skin cleansers, body cream, body lotion, skin moisturizer, body and beauty care preparations, namely non-medicated body ointments and salve, body scrub, body wash, cleansing cream, cold cream, cologne, cosmetics, dentifrice, deodorants for personal use, depilatories, dusting powder, essential oils for personal use, eye cream, eye gel, eyeliner, eye shadow, face cleanser, face cream, face gel, face lotion, face mask, face mist, face moisturizer, face powder, face scrub, non-medicated face serum, face toner, face wash, non-medicated foot cream, non-medicated foot powder, non-medicated foot salve, fragrances for personal use, hair bleaches, hair conditioner, hair detangler, hair pomade, hair shampoo, hair styling preparations, hair waxes, hand cleanser, hand cream, hand lotion, lip balm, lip buffer, lip exfoliator, non-medicated lip care preparations, lip shine, lip stick, liquid cleansers for the face and skin, make up remover, mascara, massage cream, massage oil, non-medicated mouthwash, nail cream, nail polish, nail salve, non-medicated nose balm, perfume, post sun tanning cream, post sun tanning lotion, pumice stone for personal use, scented room spray, non-medicated body salve, namely rose salve, toilet water, namely rose water, shaving balm, shaving cream, shaving gel, shave lather, shower gel, skin cream, skin lotion, skin tonic, soap, non-medicated sun care preparations, talcum powder, medicated soaps

INTERNATIONAL CLASS 5

Acne treatment preparations, aloe-vera gel for therapeutic purposes, anti-itch lotion, anti-itch cream, anti-itch ointment, antiseptic gel, aspirin, blemish pads, blemish treatments, namely, acne treatment preparations, medicated body lotion, medicated chest balm, medicated cold sore treatment preparations, cough and cold treatment preparations, dandruff shampoo, medicinal elixirs and ingestibles for the treatment of cough, cold, flu and indigestion, medicated foot powder, insect repellant, liniment oil spray, liniments, medicated lip salve, medicated throat and cough lozenges, mentholated body lotion, medicated mouthwash, nutritional supplements, nutritionally fortified beverages, styptic pencil, vitamins

TMEP §1402.01.

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

For assistance with identifying 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.

COLOR CLAIM AND COLOR DESCRIPTION

The drawing shows the proposed mark in various colors, including black. Although the application includes a claim of color and a color location statement, the color black is not included in the color claim or color location statement. The color claim and location statement must identify all the colors in the mark. 37 C.F.R. §2.52(b)(1); TMEP §§807.07 et seq. Therefore, applicant must clarify whether black is claimed as color and/or are intended to indicate background, outlining, shading or transparent areas and are not part of the mark.

If black, white and gray are being used as colors in the mark, they must be added to the color claim and color location statement, i.e., they must be added to the list of colors being claimed as a feature of the mark and added to the statement describing where the colors appear in the mark. If they are not being used as color, applicant must amend the color location statement to describe where the black, white and gray appear in the mark and state that it constitutes background, outlining, shading or transparent areas and are not part of the mark.

Please note, there is no required format or form for responding to this Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the following information: (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 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., submit arguments and/or evidence as to why the refusal 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.

Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11. Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service.

The following authorities govern the processing of trademark applications:

§ The Trademark Act, 15 U.S.C. Section 1051 et seq.;

§ Trademark Rules of Practice, 37 C.F.R. Part 2;

§ Trademark Manual of Examining Procedure (TMEP).

To access these resources, please see http://www.gov.uspto.report/web/offices/tac/.

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

/Barbara Brown/

Trademark Examining Attorney, LO 116

TEL: 571-272-9134

FAX: 571-273-9116

barbara.t.brown@uspto.gov (informal)

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.