Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 2/11/2019

U.S. Serial Number  88080534

The request to divide application serial no. 88080534 filed on January 11, 2019 has been processed as follows:

(1)  Parent (original) application serial no. 88080534 contains the following goods and/or services, collective membership organization, and/or class(es): 

5- Dietary supplement drink mixes; Personal lubricants. 

(2)  Child application serial no. 88975061 contains the following goods and/or services, collective membership organization, and/or class(es): 

3- Body wash; Feminine deodorant suppositories; Non-medicated feminine hygiene wash; Wipes impregnated with a skin cleanser; Personal care products, namely, non-medicated skin care preparations; Pre-moistened disposable wipes with a cleansing preparation for personal hygiene; Body cleansing wipes, namely, wipes impregnated with a skin cleanser; 5- Probiotic supplements; Sanitizing wipes; Vaginal moisturizers; Vitamin supplements; Dietary supplements; Nutritional supplements  and 35- On-line retail store services featuring personal care products, vitamin supplements, dietary supplements and nutritional supplements. 

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

The examining attorney will be notified of the completed request to divide.  Please note that the filing of a request to divide an application is not considered a proper response to an examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05. 

Although applicant requested that certain goods and/or services and/or collective membership organization remain in the parent (original) application, Office policy is to divide out into a child application those goods and/or services and/or collective membership organization most ready to move forward toward registration.

Please call the undersigned with any questions.

Lori Cornish

/Lori Cornish/

Paralegal Specialist

571 272-9341

Fax 571 273-9341

Lori.Cornish@uspto.gov

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, 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.

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.  

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.