To: | Martino Cartier Enterprises LLC (mail@ipcounselors.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88283857 - WHEN YOU LOOK GOOD I LOOK EVEN - N/A |
Sent: | 4/19/2019 9:17:56 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88283857
MARK: WHEN YOU LOOK GOOD I LOOK EVEN
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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: Martino Cartier Enterprises 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: 4/19/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION
Applicant applied for the following: Hair products; hair care products; hair styling tools; hair services; hair salon services; clothing; shirts
Applicant must further clarify wording in the identification because it is indefinite and must be revised to list intended goods by common commercial name or phrasing that clearly identifies the intended goods for notice and search purposes. See TMEP §§1402.01, 1402.03. Certain terms could be classified in more than one class. Notably, if the applicant’s hair products are medicated, they would be classified in Class 5.
Following, the examiner highlights the referenced unclear terms through suggestions for better terminology (in their appropriate class) below. The indefinite portions of the identification are highlighted where clarification is required and/or provided. The portions that are acceptable as written are repeated, as originally listed in the application.
Hair products; hair care products – applicant must specify common commercial name of the goods. Applicant may amend to the following, if accurate:
CLASS 3: Hair products, namely, (specify common commercial name of the goods e.g. hair lotions, hair conditioners, hair shampoo, etc.); hair care products, namely, (specify common commercial name of the goods e.g. heat protection sprays, non-medicated preparations all for the care of skin, hair and scalp, etc.)
CLASS 5: Medicated hair care preparations; Medicated hair lotions
hair styling tools – this wording is overbroad and indefinite. Applicant must specify the goods for notice and classification purposes. Applicant may amend to the following, if accurate:
CLASS 8: Hair styling tools, namely, electric irons for styling hair
CLASS 11: Hair styling tools, namely, hair dryers
hair services – this wording is indefinite. The purpose of the services must be further described for notice and classification purposes. Applicant may amend to the following, if accurate:
CLASS 44: Hair salon services, namely, hair cutting, styling, coloring, and hair extension services
hair salon services – Acceptable as written
clothing – applicant must specify common commercial name of the goods. Applicant may amend to the following, if accurate:
CLASS 25: Clothing, namely, (specify goods e.g. dresses, jackets, pants, skirts, etc.)
Shirts - Acceptable as written
Note, if applicant accepts the suggested identification(s), Applicant must amend the application to classify the goods and services in the listed International Class. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
In sum, applicant may amend to the following, overall, if accurate:
CLASS 3: Hair products, namely, (specify common commercial name of the goods e.g. hair lotions, hair conditioners, hair shampoo, etc.); hair care products, namely, (specify common commercial name of the goods e.g. heat protection sprays, non-medicated preparations all for the care of skin, hair and scalp, etc.)
CLASS 5: Medicated hair care preparations; Medicated hair lotions
CLASS 8: Hair styling tools, namely, electric irons for styling hair
CLASS 11: Hair styling tools, namely, hair dryers
CLASS 25: Clothing, namely, (specify goods e.g. dresses, jackets, pants, skirts, etc.); Shirts
CLASS 44: Hair salon services, namely, hair cutting, styling, coloring, and hair extension services; hair salon services
Note, if applicant accepts the suggested identification(s), Applicant must amend the application to classify the goods and/or services in the listed International Class. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
Identification Manual
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Indefinite Terms
Please be advised that each identification must be specific and all-inclusive; therefore, applicant should refrain from using open-ended or indefinite wording. TMEP §§1402.01 and 1402.03(a). It is recommended that the applicant use common commercial names and terms, when drafting the identification.
Amending Identification/Broadening Scope
Applicant’s goods and 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 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).
MULTIPLE APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 6 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
UNSIGNED APPLICATION
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii). For more information about this, see the Verified statement webpage.
To provide these verified statements. After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing. In this case, the form will require two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
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.
PLEASE NOTE:
/S. Young/
Trademark Examining Attorney
Law Office 117
(571) 272-9713
skye.young@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.