Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below.  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:  July 10, 2020

 

This letter responds to the applicant’s communication filed on June 14, 2020.

 

Application Serial No. 87703511 has abandoned, please see attached.  Therefore a potential Section 2(d) refusal is moot.

 

Failure to Respond     37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

If applicant does not respond to this Office action within the six-month period for response, the phrase “pop-up retail store services featuring cosmetics, namely, swag suites and style suites at specialty events” in International Class 035  will be deleted from the application. 

The application will then proceed only as to:

 

• Beauty serums; cosmetic oils; cosmetics; cosmetics and cosmetic preparations; nail polish; nail polish base coat; nail polish top coat; nail care kits comprising nail polish; body scrubs; body and beauty care cosmetics; hand scrubs; nail paint; nail primer; skin and body topical lotions, creams and oils for cosmetic use, in International Class 003;
• Retail store services and online retail store services featuring cosmetics; pop-up retail store services featuring cosmetics, in International Class 035. 

 

Identification of Services    TMEP §1402.11.

Applicant has submitted the following identification of services for International Class 035:

Retail store services and online retail store services featuring cosmetics; pop-up retail store services featuring cosmetics; pop-up retail store services featuring cosmetics, namely, swag suites and style suites at specialty events

 

In the previous responses, applicant’s counsel failed to address this issue.  The requirement is maintained and made final.

 

The wording “, namely, swag suites and style suites at specialty events” in the phrase “pop-up retail store services featuring cosmetics, namely, swag suites and style suites at specialty events” in the identification of services is unacceptable.

 

“; swag suites and style suites at specialty events” is not a type of cosmetic.    Applicant must delete this phrase in its entirety.  It is noted the identification already lists “pop-up retail store services featuring cosmetics”

 

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.

 

An applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

/Linda E. Blohm/

Trademark Examining Attorney

Law Office 110

United States Patent and Trademark Office

571.272.9129;  Linda.Blohm@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 10, 2020 for

U.S. Trademark Application Serial No. 88248326

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Linda E. Blohm/

Trademark Examining Attorney

Law Office 110

United States Patent and Trademark Office

571.272.9129;  Linda.Blohm@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from July 10, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”