To: | Lifestyle Products (hardman@austin-rapp.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85517533 - LENA - 4402.3.6 |
Sent: | 4/24/2012 3:44:03 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85517533
MARK: LENA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Lifestyle Products
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 4/24/2012
The assigned trademark examining attorney has reviewed the referenced application and
has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
If the name or signature in the mark does not identify a particular living individual, then applicant must submit a statement that the name “LENA” does not identify a living individual. TMEP §§813.01(b), 1206.05; see 37 C.F.R. §2.61(b).
If the name or signature in the mark does identify a particular living individual, then applicant must submit the following:
(1) A statement that the name “LENA” identifies a living individual whose consent is of record. If the name represents that of a pseudonym, stage name, or nickname, applicant must include a statement that <specify fictitious or assumed name> identifies the <pseudonym/stage name/nickname> of <specify actual name>, a living individual whose consent is of record; and
(2) A written consent, personally signed by the individual whose name or signature appears in the mark, authorizing applicant to register the name, pseudonym, stage name, nickname, or signature as a trademark and/or service mark with the USPTO (e.g., “I consent to the use and registration by <specify applicant’s name> of my name <specify name> as a trademark with the USPTO”).
TMEP §§813, 813.01(a), 1206.04(a); see 37 C.F.R. §2.61(b).
Failure to respond to this inquiry is a sufficient basis for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
Identification of Goods
The identification of goods is unacceptable as indefinite. The applicant must clarify the identification of goods by properly classifying the goods because the current description of goods pertains to goods that could be classified in several International Classes. See TMEP §1402.01.
Applicant may adopt the following identification(s), if accurate:
International Class 03: nail polish
International Class 08: electric hair curling irons; non-electric curling irons; flat irons
International Class 11: hand-held electric hair dryers
International Class 21: hair brushes; make-up brushes; hot air hair brushes
International Class 26: electric hair rollers; non-electric hair rollers
For assistance with identifying and classifying goods 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. See TMEP §1402.04.
Classification
Multiple Class Application
(1) Applicant must list the goods by international class; and
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
Fees
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.
/JKF/
Jay K. Flowers
Trademark Examining Attorney
Law Office 112
Phone:(571) 272-8202
Fax:(571) 273-8202
jay.flowers@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 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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.