To: | Azadeh Shirazi, MD (derm.md1@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88128532 - SKINLIFT - N/A |
Sent: | 12/20/2018 5:40:05 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88128532
MARK: SKINLIFT
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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: Azadeh Shirazi, MD
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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: 12/20/2018
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.
Search
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).
SUMMARY OF ISSUES:
Mark Is Descriptive
The applicant applied for the proposed mark SKINLIFT for “Cosmetic skin care services; Medical skin care services; Non-invasive cosmetic medical procedures.”
The terms in the mark are defined as:
SKIN: The thin layer of tissue forming the natural outer covering of the body of a person or animal.
LIFT: Perform cosmetic surgery on (especially the face or breasts) to reduce sagging.
See attached definitions found using www.onelook.com referencing the Oxford Dictionary.
The applicant’s specimen of use reads in part:
“Traditionally, one would have to undergo surgery with anesthesia and long recovery periods to tighten and lift the skin. Today, we have more non-invasive options available that tighten the skin without undergoing invasive procedures. By strengthening and tightening the collagen and dermal skin layers, SkinLIFT™ aims to accomplish the following:
· Reduce skin wrinkles
· Improve tone and texture
· Lift and tighten the skin”
Additionally, see attached websites of other dermatologists/plastic surgeons that use the term SKINLIFT or “skin lift” generically. For example:
http://www.neemmedicalspa.com/ultherapy-the-non-invasive-skin-lift/ :”Ultherapy: The Non-invasive Skin Lift - The Only Procedure FDA-Cleared for a Non-invasive Neck, Brow and Under-Chin Lift - It’s been featured on national television shows such as Rachael Ray, The View and The Doctors. It’s been touted by big-name beauty editors from Vogue, Harper’s Bazaar, Marie Claire, Shape and more. It’s Ultherapy, a non-surgical treatment that uses ultrasound to actually lift loose skin — on the brow, on the neck and under the chin — without any downtime. And, it’s offered here in Boston at Neem Medical Spa.”
http://www.fengclinic.com/medical-wellness-services-cleveland/cosmetic-plastic-surgery/face-procedures/: “Rhytidectomy—Facelift - The facelift procedure, or rhytidectomy, is the most effective method to correct visible signs of aging in the face—addressing loose or excess skin, hollows under the eyes, loss of contour in the cheeks, folds around the mouth, drooping jowls, fat below the chin and loose skin, muscle and excess fat in the neck. This procedure is more than a skin lift. Dr. Feng’s technique is a deep-plane technique which restores a more youthful anatomy.”
Because the mark SKINLIFT is highly descriptive of the applicant’s services, registration must be refused on the Principal Register under Section 2(e)(1) of the Trademark Act.
Information For Applicant
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.
Information Regarding Response Guidelines
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Questions?
/Amy E. Thomas/
Trademark Examining Attorney
Law Office 110
U.S. Patent & Trademark Office
571-272-9171
amy.thomas@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.