To: | JAKKS Pacific, Inc. (Lmiller@fedkas.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88198833 - THOUGHTFULLY FORMULATED - 11018thoughf |
Sent: | 3/5/2019 12:04:30 PM |
Sent As: | ECOM126@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88198833
MARK: THOUGHTFULLY FORMULATED
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: JAKKS Pacific, Inc.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 3/5/2019
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).
IDENTIFICATION OF GOODS REQUIREMENT
Identification Indefinite and Too Broad
Identification Indefinite
Misclassification
The following goods are classified incorrectly. Applicant must amend the application to classify the goods the class indicated below. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Duplicate Entry
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods may not later be reinserted. TMEP §1402.07(e).
Punctuation
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Suggested Identification
Applicant may substitute one or more of the following identifications, if accurate. The bold formatting represents new or edited
wording, the bold italic formatting represents wording to be filled in by the applicant, and the strikethrough formatting represents wording to be
deleted by the applicant. The italic formatting represents additional explanation from the examining attorney and should not be included in an amended identification:
Class 3: Cosmetics; articles for beauty care, namely, body and beauty care cosmetics; beauty care products, namely, beauty balms, beauty lotions,
beauty soaps and gel, and face and body beauty creams; non- medicated cosmetics; skincare cosmetics; natural body care products for the skin, namely, body lotions, shower gels, cuticle creams,
shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs; non-medicated skin care beauty products, namely, body lotions, shower gels,
cuticle creams, shampoos, conditioners, non-medicated lip balms, soaps, body polishes, face and body beauty creams, body and foot scrubs {note – food scrubs” appears to be a typo}; non- medicated skin care preparations, namely, creams, lotions, gels, toners, skin cleansers, facial cleansers,
peels, and anti-aging serums; cosmetics and cosmetic preparations for the eyes and skin; cosmetics in the form of powders, rouge, creams, gels, lotions, and milks; colors for
cosmetic purposes, namely, coloring preparations for cosmetic purposes; make-up kits comprised of cosmetics and cosmetic preparations being {specify specific
components, e.g., lipsticks, eyeshadows}; lipsticks; make-up; cosmetic bath products, namely, body lotions, shower gels, {specify type of soaps, e.g.,
non-medicated} soaps, body scrubs, shampoos, and conditioners; cosmetics preparations; essential oils for use in cosmetics; almond lotion and milk for cosmetic purposes;
cosmetic preparations for the hair; body and facial moisturizers used as cosmetics; hair moisturizers and lotions; nail care products,
namely, non-medicated cuticle creams, adhesives for artificial nails, false nails, nail art pens, nail buffing preparations, nail polishes, nail enamels, and nail polish
removers; cosmetic nourishing creams; oils for the body; cleansers for the face; cleansing creams, lotion, foam, and {specify type, e.g.,
bath} gels; preparations for removing cosmetics, namely, {further specify purpose or use, e.g., make-up}; sun
blocking and sun-tanning preparations; sun blocking preparations being creams, gels, lipstick, lotion, and oils; body creams; facial care products, namely,
face creams, and lotions for cosmetic use; collagen preparations for cosmetic application; cosmetic preparations for use in sun tanning; facial cosmetic
preparation kits comprised of cleansers, toners, creams, and lotions; facial scrubs; sprays for use on the body; decorative transfers and skin jewels for cosmetic purposes; {specify type, e.g., non-medicated} sun care preparations; sun-tanning preparations; bath oils for cosmetic purposes; flower essences for cosmetic purposes;
essential oils and {specify type of exfoliants, e.g., non-medicated} exfoliants for the care of the skin; {specify type,
e.g., non-medicated} soap; cosmetic preparations for baths; oils for perfumes and scents; perfumes; shampoos; cleansers for the face; skin cleansers; beauty masks; facial masks; creams
for firming the skin; creams for whitening the skin; pedicure preparations, namely, non-medicated cuticle creams, non-medicated foot creams, adhesives for artificial nails, false nails, nail art
pens, nail buffing preparations, nail polishers, nail enamels, and nail polish removers; aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo,
conditioner, non-medicated lip balm, soap, body polish, body and foot scrub, and non-medicated foot cream; bath salts, not for medical purposes; bergamot, lavender, and jasmine oils; tissues impregnated with cosmetic lotions; make-up preparations; nail care preparations; oils for cleaning purposes; cosmetic pencils; petroleum jelly and pomades for
cosmetic purposes; perfumes, eau de colognes, and aftershaves; non-medicated toiletry preparations; cotton buds, puffs, balls, and swabs
for cosmetic use; essential oils for cosmetic purposes; glitter for cosmetic purposes; hair tonics; hair tonics based on plant extracts; cosmetic toning creams
Class 5: acne treatment preparations; cosmetic bath products, namely, medicated soaps; cleansing {specify type, e.g., anti-inflammatory; gels for dermatological use; medicated} gels; {specify type, e.g., medicated} sun care preparations; {specify type of exfoliants, e.g., medicated} exfoliants for the care of the skin; {specify type, e.g., medicated} soap
Class 28: toy imitation cosmetics, namely, lipsticks, eye shadows, rouges, blushers, and children's scented spray, all for use on toys and dolls, and other goods in this class
Scope Advisory
ID Manual Online
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 3 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the requirements in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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. 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.
/Shannon B. Keating/
Shannon B. Keating
Examining Attorney
Law Office 126
(571)270-3734
Shannon.Keating@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.