To: | NESTLÉ SKIN HEALTH S.A. (mlombard@lgtrademark.com) |
Subject: | U.S. Trademark Application Serial No. 88146356 - GALDERMA - 102.0788 |
Sent: | March 31, 2020 08:50:07 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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NONFINAL OFFICE ACTION
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: March 31, 2020
This Office action is in response to applicant’s communication filed on 03/19/2020. The applicant amended the identification of goods. The amended identifications for Classes 3 and 10 are acceptable. Upon further review, the amended identification for Class 5 is unacceptable for the reasons noted below.
Requirement for Definite Identification – Class 5 – Maintained and Continued
The wording “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” in the identification of goods is indefinite and must be clarified because the applicant should indicate that the goods are injectable to distinguish them from surgical implants. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
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, injectable visco-supplementation solutions for filling wrinkles; injectable dermal fillers consisting of artificial materials, namely, visco-supplementation solutions for filling wrinkles and skin volume
How to respond. Click to file a response to this nonfinal Office action.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Karen Bracey/
Examining Attorney
Law Office 116
571-272-9132
karen.bracey@uspto.gov
RESPONSE GUIDANCE