Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

On July 16, 2010, action on this application was suspended pending the disposition of U.S. Application Serial Nos. 77/545054 and 77/288148. The referenced pending applications have abandoned and are no longer a potential bar to the registration of applicant’s mark.

Please note however, the issue with the indefinite recitation of goods which was noted in the Office action dated February 15, 2011.

CLASS 3

The wording “aromatherapy creams; aromatherapy lotions; aromatherapy oils” in the identification of goods is indefinite, incorrectly classified in Class 3 and must be clarified. Applicant must state the use of the aromatherapy creams, aromatherapy lotions and aromatherapy oils. For example- “used for treating headaches, relieving stress, curing insomnia, etc.” Please refer to The Acceptable Identification of Goods and Services Manual. See TMEP §1402.01.

Applicant has classified “aromatherapy creams; aromatherapy lotions; aromatherapy oils” in International Class 3; however, the proper classification is International Class 5. Therefore, applicant must either (1) add International Class 5 to the application and reclassify these goods in the proper international class, or (2) delete the wording from the application. See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.

The wording “face and body beauty creams; face and body creams” is redundant. Applicant must delete the redundancy. TMEP Section 1402.01

ADDING A CLASS

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods by international class.

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods not covered by the fees already paid (confirm current fee information at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

/Lesley LaMothe/

Trademark Attorney

Law Office 107

571-272-9184

lesley.lamothe@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.