To: | YVES SAINT LAURENT PARFUMS (trademark@collenip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85799182 - SAINT LAURENT - N1882 |
Sent: | 2/26/2013 3:36:21 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85799182
MARK: SAINT LAURENT
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: YVES SAINT LAURENT PARFUMS
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
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: 2/26/2013
The assigned examining attorney has reviewed the referenced application and determined the following.
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. §1052(d). TMEP §704.02.
CLAIM OF OWNERSHIP OF PRIOR REGISTRATIONS
Applicant may use the following format to claim ownership of these registrations:
Applicant is the owner of U.S. Registration Nos. 853369, 1029824 and 1289678.
The application was not signed and verified, both of which are application requirements. See 15 U.S.C. §§1051(b), 1126(d)-(e); 37 C.F.R. §§2.33(a), (b)(2), 2.34(a)(2), (a)(3)(i), (a)(4)(ii). Therefore, applicant must verify the statements specified further below in a signed affidavit or declaration under 37 C.F.R. §2.20. See 15 U.S.C. §§1051(b)(3), 1126(d)-(e); 37 C.F.R. §§2.33(a), (b)(2), (c), 2.193(e)(1); TMEP §§804.02, 806.01(b)-(d).
If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant may satisfy this requirement by answering “yes” to the TEAS response form wizard question relating to submitting a “signed declaration,” and following the instructions within the form for signing. See 37 C.F.R. §§2.33(a), (b)(2), (c), 2.193(a), (c)-(d), (e)(1); TMEP §§611.01(c), 804.01(b).
If applicant responds to this Office action on paper, via regular mail, applicant may satisfy this requirement by providing the following statements and declaration at the end of the response, personally signed by a person authorized under 37 C.F.R. §2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediately below the signature. See 37 C.F.R. §§2.20, 2.33(a), (b)(2), (c), 2.193(a), (d); TMEP §§611.01(b), 804.01(b).
STATEMENTS: The undersigned is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be entitled to use the mark in commerce; applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the application filing date; the facts set forth in the application are true and accurate; and to the best of the undersigned’s knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive.
DECLARATION: The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
(1) A person with legal authority to bind the applicant (e.g., a corporate officer or general partner);
(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or
(3) An authorized attorney who has an actual written or verbal power of attorney or an implied power of attorney from the applicant.
37 C.F.R. §§2.33(a), 2.193(e)(1); TMEP §§611.03(a), 804.04; see 37 C.F.R. §§11.1, 11.14.
IDENTIFICATION OF GOODS/SERVICES TOO BROAD
Therefore, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description.
Applicant may substitute the following wording, if accurate:
Perfumery; perfumes; eau de parfum; toilet water; eau-de-Cologne; beauty products, namely mascara, blusher, make-up powder, cosmetic pencils, eye shadow,
make-up bases, foundation, face and beauty masks, lipsticks, nail varnish and nail varnish removers, lotions, creams and other preparations for removing make-up; toiletries namely shampoos, bath
salts, bath and shower gels, foam baths, toilet soaps and cakes of soap, essential oils for personal use; hair lotions; creams and mousses for shaving, after-shave lotions and balms; dentifrices;
NON-MEDICATED sun care preparations (excluding anti-sunburn preparations for pharmaceutical purposes) namely oils, milks, lotions and creams, self-tanning creams, products for tanning the
skin; cosmetics; non-medical MEDICATED preparations for skin, face, body, eye, lip, neck, leg and foot care; anti-wrinkle creams; body and face creams, milks, lotions, gels and powder;
cleansing creams; deodorants for body care; cleaning preparations (Class 3), and/or
Candles, scented candles (Class 4), and/or
[new class] Toiletry and make-up bags SOLD EMPTY (Class 18), and/or
Small utensils and portable containers, (neither of precious metal nor plated therewith), namely shaving brushes, stands for shaving brushes,
metal boxes for distributing paper towels FOR HOUSEHOLD USE, untangling combs, [EXPLAIN WHAT IS MEANT BY “bag sprays” AND HOW THESE ARE CL 21 GOODS], toothpicks, toothbrushes, toothbrush cases,
toothbrush holders; soap boxes, [EXPLAIN WHAT IS MEANT BY “tooth glasses”], [LIST SPECIFIC TYPE, e.g. lint brushes, pet brushes, etc.] brushes (except paintbrushes), lipstick brushes; eyebrow
brushes; make-up brushes; brushes for toiletry use; brush-making materials; cosmetic utensils, NAMELY, BRUSHES [OR LIST OTHER “utensils”]; powder puffs, combs, comb cases; powder compacts, not of
precious metal; nail brushes; hairbrushes; applicators for cosmetic products, NAMELY, cosmetic sponges [NOTE: “cotton balls for cosmetic purposes” are in Cl 3];
sponges for toilet purposes, sponge holders; soap dishes; dispensers for liquid soap and dentifrice; holders for room fragrances; fragrance burners; small bottles, not of precious metal, sold empty;
perfume atomizers or perfume sprays sold empty; [EXPLAIN WHAT IS MEANT BY “pots of cream,” SINCE “POTS” SOLD EMPTY ARE IN CL 21 BUT FILLED WITH SOMETHING LIKE SKIN CREAM WOULD BE CLASSIFIED IN CL 3
WITH SKIN CREAM]; toiletry and make-up bags (Class 21).
See TMEP §§1402.01, 1402.03.
(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class.
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) 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).
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
/James T. Griffin/
Trademark Examining Attorney
Law Office 103
(571) 272-9169 (voice)
jim.griffin@uspto.gov
(informal communications only)
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.