To: | LAN JIANGANG (meetmandarin@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88246290 - MERMAID LYNN - N/A |
Sent: | October 21, 2019 02:44:21 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88246290
Mark: MERMAID LYNN
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Correspondence Address:
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Applicant: LAN JIANGANG
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Reference/Docket No. N/A
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: October 21, 2019
This Office Action is in response to applicant’s communication filed on 10/07/2019 wherein applicant:
(1) Amended the identification description.
See TMEP §§ 713.02, 714.04.
The Examining Attorney reviewed applicant’s response and determined the following:
(1) Applicant did not properly revise the identification, thus, the identification amendment requirement is maintained and made FINAL.
See TMEP §§ 713.02, 714.04; See 37 C.F.R. § 2.63(b).
SUMMARY OF ISSUES MADE FINAL
· Identification Amendment Requirement
IDENTIFICATION AMENDMENT REQUIREMENT
Moreover, applicants should generally not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods that have been deleted from registrations or in an affidavit of incontestability to indicate goods not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).” Id.
Therefore, applicant must remove the brackets from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
Final Suggested Identification
If accurate, applicant may adopt the suggestion below, which reflects the necessary changes discussed above and shows added or amended language underlined for clarity:
Class 3: “Skin soap, namely, {indicate type, e.g., bar soap, shaving soap}; Beauty creams; Beauty lotions; Beauty milks; Cosmetic creams; Cosmetic mud masks; Cosmetic oils; Cosmetic pads; Cosmetic pencils; Cosmetic skin fresheners; Cosmetic sun oils; Lotions for beards; Perfume oils; Perfumed creams; Perfumed paste; Perfumed soap; Perfumes; Perfumes, aftershaves and colognes; Baby lotion; Bath lotion; Beauty soap; Body lotion; Body lotions; Body and beauty care cosmetics; Facial lotion; Hair lotion; Skin lotion; Skin lotions; Skin soap”
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
RESPONSE
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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Haneen Daham/
Haneen A. Daham, Esq.
Trademark Examining Attorney
Law Office 127
United States Patent and Trademark Office
E: haneen.daham@uspto.gov
RESPONSE GUIDANCE