| To: | Aloette Cosmetics, Inc. (bsmith@aloette.com) |
| Subject: | TRADEMARK APPLICATION NO. 78189095 - MINERAL GLOW - N/A |
| Sent: | 5/31/03 1:38:46 PM |
| Sent As: | ECom112 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/189095
APPLICANT: Aloette Cosmetics, Inc.
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CORRESPONDENT ADDRESS: Aloette Cosmetics, Inc. 4900 HIGHLANDS PKWY SE SMYRNA GA 30082-5132
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: MINERAL GLOW
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: bsmith@aloette.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/189095
The assigned examining attorney has reviewed the referenced application and determined the following.
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. Section 1052(d). TMEP section 1105.01.
However, before the mark can be published for opposition, the applicant must address the following informalities:
Identification of Goods
The wording “mineral based cosmetic product” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “mineral based cosmetics,” if accurate. TMEP §1402.01.
Disclaimers
The applicant must disclaim the descriptive wording “mineral” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because the applicant’s good are made with “minerals.”
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use Mineral apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
A prompt response to this Office Action will expedite the handling of this matter. The applicant may submit its response as a reply to this email, addressed to: ecom112@uspto.gov, or by fax to 703.746.8112 (See instructions below for using the Office’s Trademark Electronic Application System (TEAS) to respond online), which allows you to fill out a form and check it for completeness over the internet.
/Gina C. Hayes/
Trademark Attorney
Law Office 112
(703) 308-9112, ext. 136
(703) 746-8112, Fax
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.