Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/19/2019

 

 

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 Patrick Jennings on June 19, 2019, 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 AND SERVICES AMENDMENT – IN PART – AS TO THE FOLLOWING ONLY

 

The identification of goods/services is amended to read as follows: 

 

“Cosmetics, non-medicated toiletry preparations; toothpaste; dentifrices; non-medicated mouthwashes; toothpowder; non-medicated dental rinse; tartar removing materials, namely, toothpaste; teeth polish; cleansing preparations for artificial teeth; artificial tooth polish material; non-medicated oral rinse, non-medicated preparations for the care and hygiene of the mouth, teeth, throat, gums and buccal cavity; mouth-rinsing preparations to prevent tartar and cavities; tooth cleaning preparations; cleansing powders; tartar colouring dentifrices in the form of tablets; breath freshening strip; eyeglass lens cleaning solution; spectacle cleaning wipes impregnated with lens cleaning solution; styling preparations for the hair; essential oils; perfumes and other perfumed products, namely, colognes; bubble bath; bath and shower gel, non-medicated soaps for personal use; body creams; body oils; personal care products, namely, deodorants; beauty products, namely, cosmetics; aftershave gels and lotions; antiperspirant; artificial nails; artificial eyelashes; bath oil; beauty masks; facial masks; cleaning masks for the face; body paint; bath beads; non-medicated bath salts; blush; body and skin lotions; body glitter; body cleanser, namely, non-medicate soap; body wash; body scrub; cosmetic body gel; body bronzers; cleanser for the face; cologne; cotton swabs for cosmetic purposes; creams for the body; cream for cuticles; cream for the eyes; cream for the face; creams, namely, cream for hands or feet; deodorant; exfoliating creams; eye gels; eye makeup; eye makeup pencils; eye shadow; eyeliner; false eyelashes; face mist being cosmetics; facial wipes impregnated with cleansers; cosmetic face scrub; face skin toner; foundation; body splash; non-medicate skin care preparation, namely, body mist; hair conditioner; hair dyes; hair shampoo; hair removal creams; hair spray; hair styling gel; hair styling mousse; lotion for the body; lotion for the hands; lotion for the face; lotion for the feet; lip balm; lip gloss; lip makeup pencils; lipstick; lip liner; makeup; makeup remover; mascara; massage cream; massage oils; nail polish corrector pens; nail polish; nail polish remover; non-medicated makeup blemish stick; non-medicated cleanser for the face; non-medicated body spray; non-medicated massage ointment; oil blotting sheets for the skin; powders, namely, powders for the body face and the feet; pumices for personal use; rouge; shaving cream; salt scrubs for the skin; shower gel and cream; skin bronzing cream; non-medicated soaps, namely, soaps for the face, the hands and body; sun block for the body and face, cosmetic suntan lotion for the body, cosmetic suntan lotion for the face, sunless tanning lotion, pre sun tanning lotion, post-sun tanning lotion, powder and talcum powder; cosmetic adhesive tapes for affixing false hair; adhesives for affixing false hair; bleaches for use on the hair; bleaching preparations for the hair; chemical preparations for the hair, namely, hair color; hair color removers, namely, rinses; colouring lotions for the hair; conditioners for treating the hair; conditioners for use on the hair; conditioning preparations for the hair; cosmetics for the use on the hair; creams for the hair; dyes for the hair; fixatives for the hair in the nature of hair wax; gels for use on the hair; non-medicated hair balm; hair bleaching preparations; hair care agents, namely, creams; hair care products, namely, preparations; hair colorants; hair conditioning rinses; hair cream; hair cosmetics; hair curling preparations; hair dyes; hair fixers; hair fixing oil; hair gel; hair grooming preparations, namely, pomades; hair moisturisers; hair mousse; hair setting lotion; hair styling aids; hair permanent wave treatment preparations; hair wave solutions; hair thickening control creams; spirit gum for affixing false hair; hair coloring preparations, namely, tints for the hair; hair removing preparations, namely, creams; hair protection creams; room fragrances; room and car fresheners, namely, air fragrancing preparations for use in rooms; deodorants for pets; shampoos for pets; Bleaching preparations and detergent for laundry use; cleaning, polishing, scouring and abrasive preparations; all-purpose cleaning and cleansing preparations, namely, surface cleaning preparations, glass cleaning preparations and hand cleaning preparations; all-purpose polishing, preserving, beautifying and protecting preparations, namely, preservative creams and polishes and beautifying creams and polishes for rubber, vinyl, leather and plastic; carpet cleaning preparations; laundry detergents,” in International Class 3;

 

“Electronic apparatus, namely, computers; compact disks, DVDs and other digital recording media, namely, CD's, all featuring sound recordings, video recordings or electronic games; calculating machines; video and audio electronic apparatus, namely, televisions; electronic communication apparatus, namely, mobile phones; computer operating programs for educational, financial or gaming; downloadable audio, video and image music file in the field of entertainment; downloadable operating software for educational, financial and gaming; computers; computer operating software for educational, financial and gaming; laptop computers, tablet computers; personal digital assistants, computer terminals, electronic book reading devices, electronic publications, namely, electronic magazines featuring fashion, merchandise, clothing, toys, books, bicycles, and homewares recorded on computer media; network media players, helmet-mounted heads-up displays; wireless and wired remote controls for portable digital electronic devices, telephones, mobile telephones; smart phones, namely, digital mobile phones, digital audio and video recorders and players for the home; portable and personal digital audio and video recorders and players; players and recorders for MP3 and other digital audio and video formats; earphones, headphones; motorcycle helmets, cameras, video cameras, television apparatus for projection purposes, mobile television sets, blank magnetic disks, blank magnetic, CD-Roms for sound or video recording, blank magnetic computer tapes and encoded DVD-ROMs featuring educational, financial or gaming information; magnetic tapes and encoded DVD-ROMs containing video game programs for professional use; apparatus for recording, transmission or reproduction of sound or images; fire-extinguishing apparatus; protective helmets; measuring tools, namely, scales; measuring calipers for measuring skin folds digital measuring calipers for measuring skin folds; sliding measuring calipers for measuring skin folds; tape measures; protractors; Geiger counters; fridge magnets; inspection mirrors for security and surveillance; scales, namely, bathroom scales, and kitchen scales; eyewear,” in International Class 9;

 

“Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, lighting installations, water heaters, gas stoves, electric and gas ovens, refrigerators, freezers, washing machines for clothes, clothes dryers, ventilating louvers, and toilets; lighting equipment and apparatus, namely, light bulbs, head torches, rechargeable electric torches for lighting, lamps, lampholders, namely, bases, electric lanterns; lighting fixtures, namely, garden lighting, bud lighting, LED lighting, illuminated house numbers, security lighting, namely, halogen floodlights and spotlight units, motion activated spot lights; bicycle lamps; bicycle lights; bicycle reflectors for attachment to spokes; lighting equipment for automobiles, namely, lamps; Electric lights for Christmas trees, namely, coloured bulbs, flashing lights, musical flashing lights, sequential flashing lights; decorative festoon lighting, namely, moulded harnessed and colour lamps; gas barbecues and grills and structural parts therefor; table stands for barbecues, with and without wheels; outdoor gas patio heaters and structural parts therefor,” in International Class 11;

 

“Furniture, mirrors, picture frames of wood, cork, reed, cane, wicker, amber, mother-of-pearl, meerschaum; plastic and wooden tool boxes and cabinets; ladders of plastic, fibreglass or wood; work benches; wall mirrors; pocket mirrors; cable clips, not of metal Non-metallic and non-paper closures and caps for cartons, containers, and bottles; plastic crates; display racks; non-metal valves for containers; bedside tables; computer keyboard trays; trestle tables; tea trolleys; non-metal bins for storage; non-metal fabric storage bin organizers; toolboxes and drawer organizers made of plastic; plastic tote boxes; non-metal cable clips and room divider; cable and cord clips of plastics; cord management systems for use with window shades and blinds, namely, string and cord winders; indoor blinds; interior window blinds; interior window shades; metal interior roller blinds for use indoors; Venetian indoor blinds; indoor vertical blinds; rods, namely, curtain rods, drapery rods, non-metallic suspension rods for hanging up articles, picture rods and support rods for curtains; furniture, being desks, tables and chairs; coat hangers, namely, scented coat hangers; doors, namely, cabinet doors for furniture cabinets, cupboard doors, doors for furniture, flipper doors for storage units being furniture, wardrobe doors; non-metal door handles; non-metallic shelf bars, brackets and dividers; non-metallic shelf supports; shelving units; frames, namely, carved picture frames, memorabilia display frames to hold t-shirts, baseballs, record albums, footballs, photographs and posters, frames for mirrors, frames for photographs and picture frames; brackets for picture frames; non-metallic containers, namely, packaging containers made of plastic; scented coat hangers for discharging room or closet fragrances; beds for domestic pets and household pets; kennel carriers for transporting domestic pets, other than cages; hutches and kennels for pets; metal frames being metal picture frames; non-metallic door handles; non-metallic frames being picture frames, display frames; non-metallic articles for edging carpet, namely, edging of plastic for furniture; towel racks; fishing stools,” in International Class 20;

 

“Carpets, rugs, straw mats and matting for covering existing floors, linoleum and other materials, namely, coverings for covering existing floors; wall hangings, non-textile; mats, namely, bath mats, door mats, non-slip bath mats and rubber-backed shower mats; non-metallic cover strips for covering joins between adjacent carpets,” in International Class 27;

 

“Manipulative games and playthings, namely, namely, action figure toys, toy air pistols, articles of clothing for toys, toy balloons, bath toys, battery operated action toys, toy building blocks, children's ride-on toys, construction toys, drawing toys, toy drones, toy trains, electronic action toys, electronic learning toys, electronic toy vehicles, toy figures, plush toys, flying discs, toy imitation cosmetics, inflatable toys, toy models, model toy vehicles, model toy airplanes, toy animals, musical toys, novelty toys for playing jokes, pinball games, scale model vehicles, scale model kits, remote controlled toy vehicles, ride-on toys, rubber character toys, toy scooters, bubble making wand and solution sets, spinning tops, stuffed toys, toy airplanes, toy animals, toy banks, toy bicycles, toy binoculars, toy card games, toy dough, toy guns, toy jewelry, toy masks, toy trains, toys in the form of puzzles, water toys, toy whistles, puppet theatres; gymnastic and sporting apparatus, namely, lower body alignment apparatus; gymnastic and sporting articles, namely, balls for games, tennis rackets, cricket bats, athletic protective pads for cricket, golf clubs, hockey sticks, rackets for table tennis, badminton and squash; bags specially adapted for carrying sports equipment and sports balls; roller skates and ice skates; surf boards; body boards; skate boards; tables and nets for table tennis; shin guards for athletic use, protective elbow supports, knee supports, ankle supports for athletic use; sports gloves for boxing, baseball, football, soccer, ice hockey and lacrosse protective padding for playing boxing, baseball, football, soccer, ice hockey and lacrosse; martial arts training equipment and accessories, namely, nunchucks; boxing equipment and accessories, namely, protective helmets and shin guards; articles, equipment, machines and apparatus for physical exercise, namely, exercise bands, training bars, rowing machines; fitness articles, machines and apparatus, namely, weights, treadmills, rowing machines, stair stepping machines, resistance machines, stationary cycle; yoga and pilates equipment and apparatus, namely, blocks, straps, and boards; machines incorporating weights for use in physical exercise; weights for physical exercise; weight lifting belts; wrist bands for use in playing sports, namely, wrist guards; sporting equipment for the disabled, namely, a floatable swim chair for disabled or challenged people for recreational use; toys for pets; toy balloons,” in International Class 28 and

 

“Wholesale, on-line whole, retail, and on-line retail store services featuring cosmetics, detergents for laundry use, cleaning preparations, gardening tools, consumer electronic products, computers, telephones, eyewear, lighting, home appliances, electric and gas ovens, refrigerators, freezers, washing machines, clothes, bicycles, jewellery, watches, paper, books, magazines, bags, wallets, luggage, furniture, picture frames, blinds, mirrors, carpets, rugs, toys, manipulative games, balls and sporting equipment; retail department store, specialty retail store and online retail store services featuring cosmetics, detergents for laundry use, cleaning preparations, gardening tools, consumer electronic products, computers, telephones, eyewear, lighting, home appliances, electric and gas ovens, refrigerators, freezers, washing machines for clothes, bicycles, jewellery, watches, paper, books, magazines, bags, wallets, luggage, furniture, picture frames, blinds, mirrors, carpets, rugs, toys, manipulative games, balls and sporting equipment; direct mail advertising and business management consulting services, retail and online marketing services; sales promotions, namely, sales promotion for others at point of sale or purchase, sales promotions for others by means of display, presentation and demonstration; marketing services, including, direct mail marketing and marketing by electronic means; on-line retail store services featuring gift hampers; retail store services featuring gift hampers and arranging for delivery, excluding delivery services,” in International Class 35.  See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Jennifer Button/

Trademark Examining Attorney

Law Office 105

571-272-8279

Fax 571-273-8279

jennifer.button@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.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/19/2019 FOR U.S. APPLICATION SERIAL NO.87713914

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.