To: | Colgate-Palmolive Company (Song-Chu_Lee@colpal.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88006074 - COLGATE - N/A |
Sent: | 10/10/2018 4:08:19 PM |
Sent As: | ECOM104@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88006074
MARK: COLGATE
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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: Colgate-Palmolive Company
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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: 10/10/2018
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’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).
CLAIMED PRIOR REGISTRATION IS CANCELLED
Applicant’s claim of ownership of U.S. Registration No. 1452806 will not be printed on any registration which may issue from this application because Office records show that the claimed registration is cancelled. Only claims of ownership of active registrations are printed. See 37 C.F.R. §2.36; TMEP §812.
MARK DESCRIPTION REQUIRES AMENDMENT
Therefore, applicant must provide a more accurate description of the applied-for mark. The following is suggested:
The mark consists of the word “COLGATE” in white inside a red, rectangular, semi-circle design. The background color white is not claimed as a feature of the mark.
IDENTIFICATION OF GOODS REQUIRES AMENDMENT
Class 3
Class 5
The wording “Medicated oral care products, namely, a professional tooth whitening kit comprised of whitening gel, syringes and mouth tray, for at-home use” in the identification of goods is indefinite and must be clarified because the classification of items comprising “kits” is based on the primary component of the kit. Here, the primary component appears to be “whitening gel,” and therefore the proper classification is Class 3. The term “whitening gel” should be clarified to indicate the gels are for teeth, and the identification should be clarified to indicate that the “whitening gels” are the primary component of the kit. The wording “cosmetic whiteners” is indefinite and requires clarification because the specific form of the whiteners is not provided (e.g., paste, gel, cream, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identifications, if accurate:
Class 3: Toothpaste, mouthwash not for medical purposes, cosmetic whiteners in the nature of [indicate specific form, e.g., tooth whitening gels]; Medicated oral care products, namely, a professional tooth whitening kit comprised primarily of tooth whitening gel, and also syringes and mouth trays, for at-home use
Class 5: Medicated oral care products, namely, a professional tooth whitening kit comprised of whitening gel, syringes and mouth
tray, for at-home use
Class 21: Toothbrushes, interdental cleaners, dental floss
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.
ASSISTANCE
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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.
Daniel Donegan
/Daniel Donegan/
Trademark Examining Attorney
Law Office 104
571-270-0455
daniel.donegan@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.