To: | Era Organics, Inc. (lindaclark1710@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87442895 - ERA ORGANICS BEARD & MANE - N/A |
Sent: | 6/29/2017 6:20:07 AM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87442895
MARK: ERA ORGANICS BEARD & MANE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Era Organics, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 6/29/2017
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Linda Clark on June 28, 2017, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
Identification of Goods
The identification of goods is amended to read as follows:
After shave lotions; After-shave; After-shave gel; After-shave liquid; After-shave lotions; Aftershave; Aftershave moisturising cream; Anti-aging cream containing a retinoic ingredient not for medical purposes; Anti-aging creams; Anti-aging moisturizers used as cosmetics; Anti-wrinkle cream; Antiperspirants and deodorants for personal use; Bath soaps; Body and beauty care cosmetics; Body cream; Body cream soap; Body deodorants; Body wash; Cleansing creams; Cosmetic nourishing creams; Cosmetics and cosmetic preparations; Cream soaps; Deodorant for personal use; Deodorants and antiperspirants for personal use; Deodorants for personal use; Face and body beauty creams; Face and body creams; Face creams; Face creams for cosmetic use; Facial cream; Facial creams; Facial lotion; Facial masks; Facial moisturizer with SPF; Facial moisturizers; Facial scrubs; Fragrances; Hair conditioners; Hair gel; Hair pomades; Hair shampoo; Hair shampoos and conditioners; Hair wax; Hand creams; Lotions for beards; Moisturizing body lotions; Moisturizing solutions for the skin; Moustache wax; Natural soap bars; Night cream; Non-medicated cleansers for intimate personal hygiene purposes; Non-medicated hair shampoos for Thinning Hair; Perfume; Personal deodorants; Pomades for cosmetic purposes; Shave creams; Shaving cream; Shaving creams; Shaving gels; Shaving soap; Shaving soaps; Skin cream; Skin creams; Skin creams in liquid and solid; Skin lotion; Skin lotions; Skin moisturizer; Skin moisturizers used as cosmetics; Skin soap; Wrinkle removing skin care preparations, all of the foregoing made in whole or substantial part of organic ingredients, in Class 3.
See TMEP §§1402.01, 1402.01(e).
Additional Information – What Happens Next
After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period. The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication. The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.
The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date. An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters. If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition. When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
Registration Maintenance Requirements
Between the fifth and sixth year after registration, the registration owner must file a Trademark Act Section 8 affidavit of use that includes fees and a specimen, among other things. However, there is a 6-month grace period after the sixth year in which the Section 8 affidavit can be filed for an additional fee. 15 U.S.C. §1058; 37 C.F.R. §§2.160, 2.161.
Between the ninth and tenth year after registration, and at the end of each successive 10-year period after the date of registration (between the 19th and 20th year, the 29th and 30th year, etc.), the owner must file both a Section 8 affidavit and a renewal application under Section 9. There is also a 6-month grace period to file these documents, for an additional fee. 15 U.S.C. §§1058, 1059; 37 C.F.R. §§2.160, 2.161, 2.183.
The deadline for filing proper registration maintenance documents cannot be waived on petition. See, e.g., In re Holland Am. Wafer Co., 737 F.2d 1015, 1018, 222 USPQ 273, 275 (Fed. Cir. 1984); In re Mother Tucker's Food Experience (Can.) Inc., 925 F.2d 1402, 1406, 17 USPQ2d 1795, 1798 (Fed. Cir. 1991).
For more information about maintaining a registration, consult the USPTO website at http://www.gov.uspto.report/trademarks/process/maintain/prfaq.jsp. Forms for filing maintenance documents are available at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.
/Kim Teresa Moninghoff/
Examining Attorney
Law Office 113
Phone: 571-272-4738
Fax: 571-273-9113
Email: kim.moninghoff@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.