To: | LA VIDA LOCA COSMETICS PROPRIETARY LIMIT ETC. (info@lavidalocacosmetics.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87557356 - LA VIDA LOCA - N/A |
Sent: | 7/2/2018 5:52:41 PM |
Sent As: | ECOM125@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87557356
MARK: LA VIDA LOCA
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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: LA VIDA LOCA COSMETICS PROPRIETARY LIMIT ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 7/2/2018
This Office action is supplemental to and supersedes the previous Office action issued on January 26, 2018 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: Particular Goods Exceed the Scope of Foreign Registration. See TMEP §§706, 711.02.
In a previous Office action dated January 26, 2018, applicant was required to satisfy the following requirements: provide a copy of the entire foreign registration certificate, and clarify the entity type.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: provided a copy of the entire foreign registration certificate, and clarified the entity type. See TMEP §713.02.
The following is a SUMMARY OF ISSUE that applicant must address:
• NEW ISSUE: Particular Goods Exceed Scope of Foreign Registration
PARTICULAR GOODS EXCEED SCOPE OF FOREIGN REGISTRATION
In this case, the U.S. application identifies “Boot cream; Shoe cream; Shoe and boot cream”, which are not identified in the foreign registration. Therefore, these particular goods in the U.S. application exceed the scope of the cosmetic goods in the foreign registration.
Therefore, applicant may respond by satisfying one of the following:
(1) Amending the identification of goods in the U.S. application to correspond to the goods in the foreign registration, ensuring that all goods beyond the scope of the foreign registration are deleted from the U.S. application; or
(2) Substituting a basis under Section 1(a) or 1(b) for those goods in the U.S. application that are beyond the scope of the foreign registration. An applicant may assert more than one basis in an application (except Section 1(a) and 1(b) may not be asserted for the same goods and/or services), provided all requirements are satisfied for each claimed basis.
See 15 U.S.C. §§1051(a)-(b), 1126; 37 C.F.R. §§2.32(a)(6), 2.34(b), 2.35(b); Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843, 1845 (TTAB 1989); TMEP §§806.02, 806.03(h), 1402.01(b).
Additionally, applicant may respond by arguing that these goods are within the scope of the foreign registration and should remain in the U.S. application.
Applicant may substitute the following wording, if accurate:
International Class 3: BB creams; Blush; Blush pencils; Blusher; Cleansers for intimate personal hygiene purposes, non medicated; Cosmetics; Cream for whitening the skin; Cream soaps; Eye-shadow; Eye compresses for cosmetic purposes; Eye cream; Eye gels; Eye lotions; Eye make-up; Eye make-up remover; Eye pencils; Eye shadow; Eye shadows; Eye-washes, not for medical purposes; Eyes make-up; Eyes pencils; Eyeshadow; Eyeshadows; Face and body glitter; Face and body milk; Face creams for cosmetic use; Face oils; Face powder; Face powder paste; Face-powder on paper; Foundation; Foundation make-up; Lip balm; Lip gloss; Lip gloss and wands therefor sold as a unit; Lip gloss palette; Lip glosses; Lip neutralizers; Lip polisher; Lip stains; Lipstick; Mascara; Nail cosmetics; Nail polish; Nail varnish; Nail varnishes; Pencils for cosmetic purposes; Aftershave moisturising cream; Anti-aging cleanser; Anti-aging cream; Bath cream; Beauty serums; Body cream; Body cream soap; Body mask cream; Cloths or tissues impregnated with a skin cleanser; Cold cream; Cosmetic pencils; Cosmetic olive oil for the face and body; Cosmetic preparations for eyelashes; Cosmetic products in the form of aerosols for skincare; Cosmetic white face powder; Cosmetics sold as an integral component of non-medicated skincare preparations; Cosmetics, namely, lip repairers; Cosmetics, namely, lip primer; Creamy foundation; Cuticle cream; Eye liner; Eyebrow pencils; Eyeliner pencils; Facial cleansers; Facial cream; Facial cleaning preparation, namely, salicylic acne cleanser not for medical purposes; Fair complexion cream; Foam cleansers for personal use; Gel eye masks; Hair mascara; Hair removing cream; Hair texture cream; Hand cream; Lip cream; Lip liner; Liquid foundation (mizu-oshiroi); Long lash mascaras; Loose face powder; Make-up foundation; Make-up pencils; Make-up powder; Make-up primer; Make-up for the face and body; Make-up preparations for the face and body; Make-up sets; Nail cream; Nail primer; Night cream; Non-medicated cleansers for intimate personal hygiene purposes; Non-medicated cream soap; Non-medicated eye-washes; Non-medicated lip balm that does not contain beeswax; Non-medicated lip balms; Non-medicated lip care preparations; Non-medicated lip plumping preparations; Non-medicated lip protectors; Non-medicated anti-aging serum; Non-medicated diaper rash cream; Non-medicated facial and eye serum containing antioxidants; Non-medicated foot cream; Non-medicated hair serums; Non-medicated herbal body care products, namely, body oils, salves, and lip balms; Non-medicated scalp treatment cream; Non-medicated skin serums; Pressed face powder; Retinol cream for cosmetic purposes; Sachet-like eye pillows containing fragrances; Shaving cream; Skin cleanser in liquid spray form for use as a baby wipe alternative; Skin cleansers; Skin cream; Skin care products, namely, non-medicated skin serum; Skin cleansing cream; Sunscreen cream; Under-eye enhancers; Vanishing cream; Wipes impregnated with a skin cleanser; Wrinkle resistant cream
Scope Advisory
ID Manual Online
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MANDATORY ELECTRONIC FILING RULES ADVISORY
The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO. See the Mandatory Electronic Filing Rules webpage for more information.
RESPONSE GUIDELINES
Applicant must respond to all issues raised in this Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Applicant May Wish to Seek Trademark Counsel
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory of legal professionals, such as FindLaw®; or a local telephone directory. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/LaShawnda Elliott/
LaShawnda Elliott
Trademark Examining Attorney
Law Office 125
(571) 272-5409
lashawnda.elliott@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.