Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT PROCESSING OF

REQUEST TO DIVIDE APPLICATION IS COMPLETED

No Response Required

Issue date:  February 11, 2020

The request to divide application serial no. 87944392 filed on January 9, 2020 has been processed as follows:

(1)      Parent (original) application serial no. 87944392 contains the following goods in class(es): 

3 (Private label cosmetics; anti-aging skin care products, namely, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non-medicated facial sheet mask being facial masks and featuring non-medicated skin serum, non-medicated facial mist, non-medicated facial and skin cleanser, non-medicated cosmetic mud mask, and non-medicated neck mask featuring non-medicated skin serum; anti-pollution skin care products, namely, skin cleansing lotions, skin softeners, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non-medicated facial sheet mask being facial masks and featuring non-medicated skin serum, non-medicated facial mist, lotion, non-medicated facial and skin cleanser, non-medicated cosmetic mud mask, non-medicated neck mask featuring non-medicated skin serum; anti-oxidant skin care products, namely, skin cleansers, skin creams, non-medicated skin serum, non-medicated skin lotion, non-medicated skin cleanser, non-medicated mud facial mask, non-medicated facial sheet mask being facial mask and featuring non-medicated skin serum, non-medicated facial mist, non-medicated facial and skin cleanser, non-medicated cosmetic mud mask, non-medicated neck sheet mask being a neck mask featuring non-medicated skin serum; natural skin care products, namely, skin texturizers, skin emollients, skin cleansers, skin lotions, skin serum, skin scrub being cosmetic body scrub for the face, hands, arms, legs and feet, skin care preparation being body polish, skin softeners, skin mist being non-medicated body mist; skin cleansers; skin care preparations, namely, skin scrubs; skin masks; multi-step skin care preparations, namely, facial scrub packaged with facial moisturizer, body polish packaged with non-medicated skin serum for the body, body polish packaged with body spray, cosmetic body scrubs for the lips packaged with lip sheet mask being a lip mask featuring non-medicated skin serum; non-medicated hair conditioning treatments for cosmetic purposes; hair moisturizing preparations; cosmetic masks, namely, lip masks; cosmetic body scrubs for the lips; facial beauty masks; pre-moistened cosmetic facial wipes; body lotions; non-medicated skincare preparations, namely, hand moisturizing treatment creams, foot moisturizing treatment creams, and skin cleansing oils). 

To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)      Child application serial no. 87982720 contains the following services in class(es): 

40 (Contract manufacturing in the field of skin and body care cosmetics, namely, anti-aging skincare, anti-aging body care, anti-pollution skincare, antipollution body care, natural skincare, and natural body care cosmetics and skin care preparations; private label manufacturing services for others in the field of skin and body care cosmetics, namely, anti-aging skincare, anti-aging body care, anti-pollution skincare, antipollution body care, natural skincare, and natural body care cosmetics and skin care preparations). 

A statement of use filed on January 9, 2020 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

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.  

Direct questions about this notice to the assigned Intent-to-use staff member below.

/Tracy Welch/

Tracy Welch

Paralegal Specialist

OFC OF TM SVC

ITU/Divisional Unit

571-272-9631

tracy.welch@uspto.gov