Reconsideration Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

REQUEST FOR RECONSIDERATION

AFTER FINAL ACTION

DENIED

 

 

Issue date:  July 28, 2020

 

 

Applicant’s request for reconsideration is denied.  See 37 C.F.R. §2.63(b)(3).  The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1) raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

This letter responds to the applicant’s communication filed on July 13, 2020.

 

Accordingly, the following requirement made final in the Office action dated July 10, 2020 are maintained and continued: 

 

• Identification of Services, International Class 035

 

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 remaining time of six month, running from July 10, 2020, the phrase "pop-up retail store services featuring cosmetics being 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 Section 1402.11

Applicant has submitted the following amended 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 being swag suites and style suites at specialty events

 

The only change made to the identification of services was to replace the term “namely” with “being”.

 

The language queried in the July 10, 2020 Office action was:

 “, 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”

“swag suites and style suites at specialty events” is/are not a type of cosmetic.  Applicant must provide an acceptable amendment or delete the phrase “pop-up retail store services featuring cosmetics being swag suites and style suites at specialty events” in its entirety.

 

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.

 

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).

 

 

 

If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal.  See TMEP §715.04(a).

 

If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).  Filing a request for reconsideration does not stay or extend the time for filing an appeal.  37 C.F.R. §2.63(b)(3); see TMEP §715.03(c). 

 

 

/Linda E. Blohm/

Trademark Examining Attorney

Law Office 110

United States Patent and Trademark Office

571.272.9129;  Linda.Blohm@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 28, 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 28, 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.”