UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  78/536897

 

This letter responds to the applicant’s communication filed on January 30, 2006.  Applicant’s amendments have been received and entered.  Upon further review and consideration, applicant is informed as follows:

 

Section 2(e)(1) - Descriptive Refusal

 

The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods/services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209 et seq.

 

Applicant’s proposed mark is PUR MINERALS for use on Hair care products, namely, shampoos, conditioners; facial and body lotions; cosmetic and toiletry preparations, namely, cosmetics, facial cleansers in crème and gel form, skin cleansers, body cremes, bath and shower gels, body soaps and scrubs, body sprays and perfume.  PURE MINERALS or PUR MINERALS is a descriptive and desirable characteristic for cosmetics, and toiletry preparations.  See the attached excerpts from the Google Research Database showing that it is a frequently used and desirable characteristic.

 

See the attached definition of PURE from Dictionary.com

 

1. Having a homogeneous or uniform composition; not mixed: pure oxygen.
2. Free from adulterants or impurities: pure chocolate.
3. Free of dirt, defilement, or pollution: “A memory without blot or contamination must be... an inexhaustible source of pure refreshment” (Charlotte Brontë).
4. Free of foreign elements.
5. Containing nothing inappropriate or extraneous: a pure literary style.
6. Complete; utter: pure folly.

 

Accordingly, PUR MINERALS is a desirable characteristic for applicant’s goods.  This examining attorney apologizes for the late refusal, however, it is necessary.

 

Color of Mark

Applicant claims color as a part of the mark, however, the mark appears to be in black and white.  Clarification is required.

 

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

 

 

/Jacqueline A. Lavine/

Law Office 101

(571) 272-9185

(571) 273-9101 FAX

jacky.lavine@uspto.gov (INFORMAL EMAIL)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.