Notice of Allowance

SWISSE

HEALTH AND HAPPINESS (H&H) HONG KONG LIMITED

Trademark Serial Number 85661190: Official USPTO Notice of Allowance


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, April 16, 2013 00:08 AM
To: tmapps@goldbergkohn.com
Subject: Trademark Serial Number 85661190: Official USPTO Notice of Allowance



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Apr 16, 2013

Serial Number:   85661190
Mark:   SWISSE(STYLIZED/DESIGN)
Docket/Reference Number:  3565.mdg

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/teas/index.html (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks/basics/MoreInfo_SOU_EXT.jsp.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.gov.uspto.report/teas/index.html.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 85661190
Mark: SWISSE(STYLIZED/DESIGN)
Docket/Reference Number: 3565.mdg
Owner: Swisse Vitamins Pty. Ltd.
36-38 Gipps Street
Collingwood, VIC , AUSTRALIA   3066

Correspondence Address: OSCAR ALCANTARA
GOLDBERG KOHN, LTD.
55 E MONROE ST STE 3300
CHICAGO, IL 60603-5792


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

003 - Skin care preparations; cosmetics; soaps; creams and lotions for cosmetic purposes; perfumery; hair dyes; hair lotions, pomades, shampoos and hair care products; dentifrices; shaving preparations; after-shave lotions; non-medicated toiletries; deodorants for personal use; astringents for cosmetic purposes; scented and aromatic waters for personal use; perfumes and eau de cologne; greases and petroleum jellies for cosmetic purposes; make-up and makeup preparations of all types; bath salts not for medical purposes and cosmetic preparations for baths; depilatories; beauty and cleansing facial masks; cosmetic skin cleansers and toners; essential oils for cosmetic purposes; skin support supplements, namely, skin cream containing a combination of one or more vitamins, herbs and minerals -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
005 - Medicated sun screen and sun block preparations, herbal remedies, namely, herbal supplements and medicinal herbal preparations; yeast and preparations containing yeast for medicinal purposes; tinctures and oils for medicinal purposes; preparations of trace elements for human use, namely, dietary supplements, vitamins, vitamin preparations; tonics, namely, cough syrup, and pharmaceutical preparations for vitamin and mineral deficiency; antiseptics and disinfectants; herbs and products containing herbs and herbal extracts for medicinal purposes; liniments, creams and lotions for medicinal purposes; plant products and plant extracts for medicinal purposes; salts for medicinal purposes; pharmacological preparations for skin care; nutritional additives for medicinal purposes; lozenges for medicinal purposes; mineral food supplements; dietetic substances adapted for medical use; essential and all other oils for medicinal purposes; medicated confectionery and candy for medicinal purposes; beverages and food for medicinal purposes; substances for medicinal purposes; materials for dressing; sanitary preparations; herbal formulations, mineral supplements and nutritive elements including vitamins, minerals, nutritive elements and herbal formulations in capsule, tablet and liquid form; dietetic substances for medical use; analgesics; medicinal drinks including teas; nutrient supplements including ginseng, anti-oxidants, co-enzyme Q10, evening primrose oil; biocides, antiseptics; none of the aforesaid goods being cleaning agents -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
029 - Processed foods, namely, frozen and dried fruits and vegetables containing herbs, vitamins and minerals; fruit based meal replacement bars for boosting energy -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
035 - Retail store and wholesale store services in the field of vitamin and mineral preparations, vitamin, mineral and food supplements; and retail pharmacies -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
041 - Educational and entertainment services provided via all forms of electronic transmission, namely, electronic newsletters featuring news and commentary in the field of nutrition, health and wellness; publishing; electronic publishing; organization of competitions for education and/or entertainment; educational information services and on-line information services, namely, offering classes relating to health, personal care; arranging and conducting educational and health seminars and workshops; arranging and conducting health education services; arranging and conducting of educational medical conferences and seminars; health club services; medical teaching services; production of radio, television, film and videos relating to health and personal care -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - Assistance provided to researchers, namely compiling research data, statistical analysis and reporting services, and reviewing research protocols; medical research; scientific and chemical research and analysis; cosmetic research -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
044 - Medical, hygienic and beauty care services, namely services provided by naturopaths, homeopaths and herbalists; medical clinics; non-business professional medical consultancy; health care services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of an application, go to http://tarr.uspto.gov.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tdr.gov.uspto.report/search.action?sn=85661190.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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