To: | Martino Cartier Enterprises LLC (mail@ipcounselors.com) |
Subject: | U.S. Trademark Application Serial No. 88283857 - WHEN YOU LOOK GOOD I LOOK EVEN - 3622-531 |
Sent: | November 13, 2019 11:27:35 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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Correspondence Address:
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Applicant: Martino Cartier Enterprises LLC
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Reference/Docket No. 3622-531
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: November 13, 2019
This letter responds to applicant’s communication filed on October 21, 2019 and applicant’s request to divide on October 25, 2019.
Withdrawn Matter(s)
The following requirement(s) has been satisfied and withdrawn: Signed Declaration. TMEP §§713.02, 714.04.
Matter(s) Made Final
The following requirement(s) is now made FINAL: Identification and Classification. See 37 C.F.R. §2.64(a).
IDENTIFICATION
Applicant was informed in the first office action that the identification was unacceptable as indefinite because, as worded, the exact goods provided were unclear. Further, the applicant was also advised that while an application may be amended to clarify or limit the identification, additions to or broadening the scope of the identification are not permitted; therefore, the applicant could not amend the identification to include any goods or services that are not within the scope of the goods or services recited in the original identification.
Applicant responded to the requirement by amending its identification, as follows, in International Class 3:
Hair products, namely, hair lotions, hair conditioners, hair shampoo, hair pomades, hair gels, leave-in conditioning sprays, hairsprays, hair styling preparations and non-medicated hair treatment preparations; hair care products, namely, heat protection sprays, non-medicated preparations all for the care of skin, hair and scalp; Hair styling tools, namely, electric irons for styling hair, curling wands and electric styling brushes for styling hair; Hair salon services, namely, hair cutting, styling, coloring, and hair extension services; Clothing, namely, jackets, sweatshirts, pants, dresses, hats, t-shirts and tank tops; shirts
As written, the identification is indefinite and overbroad because it includes goods and services correctly classified in additional classes. Applicant may amend to the following, if accurate:
CLASS 3: Hair products, namely, hair lotions, hair conditioners, hair shampoo, hair pomades, hair gels, leave-in conditioning sprays, hairsprays, hair styling preparations and non-medicated hair treatment preparations; hair care products, namely, heat protection sprays, non-medicated preparations all for the care of skin, hair and scalp
CLASS 8: Hair styling tools, namely, electric irons for styling hair and curling wands
CLASS 21: Electric rotary hair brush for styling a user's hair
CLASS 25: Clothing, namely, jackets, sweatshirts, pants, dresses, hats, t-shirts and tank tops; shirts
CLASS 44: Hair salon services, namely, hair cutting, styling, coloring, and hair extension services;
Note, if applicant accepts the suggested identification(s), Applicant must amend the application to classify the goods 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.
Amending Identification/Broadening Scope
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 5 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.
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)
/C. S. Young/
Examining Attorney
(571) 272-9713
skye.young@uspto.gov
RESPONSE GUIDANCE