To: | YOU ARE BEAUTIFUL, INC. (law@wallerstein-ip.com) |
Subject: | U.S. Trademark Application Serial No. 88231914 - YOU ARE BEAUTIFUL - YAB-T0002 |
Sent: | December 03, 2019 12:32:15 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88231914
Mark: YOU ARE BEAUTIFUL
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Correspondence Address: |
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Applicant: YOU ARE BEAUTIFUL, INC.
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Reference/Docket No. YAB-T0002
Correspondence Email Address: |
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PRIORITY ACTION
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: December 03, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On December 3,2019, the examining attorney and Lesley A. Wallerstein discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Since the applicant has established that the mark has achieved distinctiveness and functions as a mark, the refusal to register on that basis is removed.
However, the Section 2 (d) refusal with respect to Registration no. 3202169 is maintained.
The applicant will further determine if distinct channels of trade and purchasers exist for its goods, and may modify the current identification clause to reflect this fact.
The applicant will also explore obtaining a Consent Agreement between the parties or filing a Petition to Cancel the cited registration.
How to respond. Click to file a response to this nonfinal Office action.
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.
/Henry S. Zak/
Henry S. Zak
Examining Attorney
Law Office 119
(571)272-9354
henry.zak@uspto.gov
RESPONSE GUIDANCE