To: | NESTLÉ SKIN HEALTH S.A. (mlombard@LombardIP.com) |
Subject: | U.S. Trademark Application Serial No. 88146356 - GALDERMA - 102.0788 |
Sent: | September 16, 2019 11:22:06 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88146356
Mark: GALDERMA
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Correspondence Address: |
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Applicant: NESTLÉ SKIN HEALTH S.A.
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Reference/Docket No. 102.0788
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: September 16, 2019
This application was approved for publication on 07/24/2019. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Identification of Goods
The wording “personal care products, namely, non-medicated creams, moisturizers, cleansers, gels and lotions” in the Class 3 identification of goods is indefinite and must be clarified because it is unclear what these products are used for. Additionally, the wording “dermal fillers consisting of artificial materials, namely, visco-supplementation solutions for filling wrinkles and skin volume” is misclassified and should be in Class 5. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 3:
Cosmetic preparations; personal care products, namely, non-medicated skin creams, facial moisturizers, skin cleansers, age retardant gels and beauty lotions; non-medicated skin cream for general skin irritations; cosmetic sunscreen preparations and sun block
Class 5:
Pharmaceutical preparations and substances for use in dermatology; Pharmaceutical preparations and substances for the treatment of glabellar lines, facial wrinkles, asymmetries, defects and related skin disorders; biological dermal implants, namely, visco-supplementation solutions for filling wrinkles; dermal fillers consisting of artificial materials, namely, visco-supplementation solutions for filling wrinkles and skin volume
Class 10:
Medical devices, namely, phototherapeutic apparatus
NOTE: the Class 44 identification is acceptable.
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.
How to respond. Click to file a response to this nonfinal Office action
/Karen Bracey/
Examining Attorney
Law Office 116
571-272-9132
karen.bracey@uspto.gov
RESPONSE GUIDANCE