UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/547534
APPLICANT: Intimate Beauty Corporation d/b/a Victor ETC.
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CORRESPONDENT ADDRESS:
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: DOUBLE ENTENDRE
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CORRESPONDENT’S REFERENCE/DOCKET NO: D69-179
CORRESPONDENT EMAIL ADDRESS: |
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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 78/547534
The following issues were discussed in communication with Frank Colucci, Esq. on March 18, 2005.
The applicant must clarify the identification of goods because the wording is too vague. TMEP § 1402.01. The applicant must specify the common commercial names of the “personal care products,” e.g., shampoo, body lotion, etc. The applicant may adopt the following identification, if accurate:
Class 3: Personal care products, namely, [specify].
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.
PLEASE NOTE: All of the issues raised can be resolved by telephone or by e-mail. The applicant may telephone or e-mail the examining attorney, instead of submitting a written response, to expedite the application.
If the applicant has any questions or needs assistance in responding to this Office Action, please feel free to telephone the assigned examining attorney.
Wendy B. Goodman
/Wendy B. Goodman/
Trademark Attorney
Law Office 103
(571) 272-9276
(571) 273-9103 (fax)
ecom103@uspto.gov
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
HOW TO RESPOND TO THIS OFFICE ACTION:
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