To: | Seven Twenty Seven Cosmetics Llc (Jenjbaptiste@icloud.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88259358 - STS - N/A |
Sent: | 3/25/2019 1:23:13 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88259358
MARK: STS
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Seven Twenty Seven Cosmetics Llc
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 3/25/2019
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.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search Results
Amendment to the Identification of Goods Not Acceptable
In this case, the application originally identified the goods as follows: “Cosmetics.”
However, the proposed amendment identifies the following goods and services: “Class 3-Cosmetics; Make-up; Eye Make-up; Eyeshadow; Eyeshadow Palettes; Eyeliner; Mascara; False eyelashes; Blusher; Blush; Cheek colors; Skin Bronzer; Contour powder; Eyebrow Cosmetics; Eyebrow pencils; Eyebrow gels; Eyebrow powder; Lipstick; Lip gloss; Lip balm; Lip stains; Lip cream; Facial Make-up; Foundation; Foundation make-up; Facial concealer; Make-up setting sprays; Make-up primer; Make-up powder; Loose face powder; Pressed face powder; Cosmetic kits comprised of make-up; Make-up remover; Glitter for cosmetic purposes; Cosmetic creams for skin care; Cosmetic preparations for skin care; Non-medicated skin care preparations; Facial cleansers; Facial creams; Facial lotions; Facial moisturizers; Facial masks; Facial beauty masks; Facial scrubs; Facial oils; Skin toners; Astringent for cosmetic purposes; Eye cream; Eye gels; Beauty Serums; Sun block; Sun screen; Topical skin sprays for cosmetic purposes; Perfume; Cologne; Eau de perfume; Eau de parfum; Eau de toilette; Eau de cologne; Essential oils; Body wash; Body lotion; Body scrubs; Body cream; Deodorant for personal use; Class 35-On-line retail store services featuring cosmetics.”
This proposed amendment is beyond the scope of the original identification. The Class 35 services are not within the scope of cosmetics as they identify the means by which the goods are sold and not the goods themselves. Some of the identifications in the Class 3 proposed amendment, sun block and sunscreen, are not acceptable as they are not cosmetics. Cosmetic is defined as “A preparation, such as powder or a skin cream, designed to beautify the body by direct application” and are used on the face, nails, hair and skin. See the attached dictionary definitions. These goods are not used to beautify the skin as they serve a particular purpose. The following change is suggested: Class 3- Cosmetics, namely, Make-up, Eye Make-up, Eyeshadow, Eyeshadow Palettes, Eyeliner, Mascara, False eyelashes, Blusher, Blush, Cheek colors, Skin Bronzer, Contour powder, Eyebrow Cosmetics, Eyebrow pencils, Eyebrow gels, Eyebrow powder, Lipstick, Lip gloss, Lip balm, Lip stains, Lip cream, Facial Make-up, Foundation, Foundation make-up, Facial concealer, Make-up setting sprays, Make-up primer, Make-up powder, Loose face powder, Pressed face powder, Cosmetic kits comprised of make-up, Make-up remover, Glitter for cosmetic purposes, Cosmetic creams for skin care, Cosmetic preparations for skin care, Non-medicated skin care preparations, Facial cleansers, Facial creams, Facial lotions, Facial moisturizers, Facial masks, Facial beauty masks, Facial scrubs, Facial oils, Skin toners, Astringent for cosmetic purposes, Eye cream, Eye gels, Beauty Serums, Topical skin sprays for cosmetic purposes, Body wash, Body lotion, Body scrubs, Body cream, Perfume, Cologne, Eau de perfume, Eau de parfum, Eau de toilette, Eau de cologne, Essential oils and Deodorant for personal use
The filing fee for the Class 35 services has been refunded.
Email/Telephone for Inquiries
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Angela M Micheli/
Trademark Examining Attorney, Law Office 101
571.272.9196
571.273.9196 (fax)
angela.micheli@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.