Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/20/2019

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Yael Cabilly on June 19, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION OF GOODS

 

The identification of goods is amended to read as follows: 

 

“Nail kits containing materials, namely, nail polish base coat, nail polish, nail gel, gel polish base coat, nail polish top coat and nail art materials in the nature of nail art stickers and nail art pens; Nail gel; Nail gel capsules; Nail enamels; nail polish and nail paint being cosmetics; Nail care preparations, namely, preparations for removing gel nails, preparations for removing nail polish, preparations for treating cuticles and preparations for strengthening nails; Cosmetic preparations for nail drying; Nail hardeners; Nail art stickers; False nails; At-home nail gel systems comprising nail cleaner, nail polish remover, nail polish top coat, nail polish base coat, nail gel, nail bonder, nail paint; Nail polish remover pens; Nail polish removers; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Coloring preparations for cosmetic purposes; Body and beauty care cosmetics; Beauty balm creams; Preparations for body and beauty care, namely non-medicated skin care preparations and toiletries, body lotion and bath gels; Beauty gels; Beauty lotions; Beauty masks; Facial beauty masks; Beauty serums; Blush pencils; Blusher; Body art stickers; Body cream soap; Cosmetic body creams; Face and body beauty creams; Beauty creams for body care; Scented body lotions and creams; Non-medicated cosmetic creams and lotions for face and body care; Non-medicated cosmetic creams and gels for the face, hands and body; Non-medicated cosmetic powders, creams and lotions for the face, hands and body; Skin and body topical lotions, creams and oils for cosmetic use; Non-medicated cosmetic creams, milks, lotions, gels and powders for the face, hands and body; Non-medicated lotions, creams and preparations for care of the face, body, scalp, nails and hair; Body deodorants; Deodorants for body care; Body deodorant in pill form; Body sprays used as personal deodorants and fragrances; Moisturizing body lotions; Skin moisturizer masks; Gel eye masks; Cosmetic facial masks; Cosmetic masks; Face, body, hand and foot moisturizers; Skin moisturizers; Facial moisturizers; Hair moisturizers; Cosmetic facial moisturizers; Anti-ageing moisturizers; After-sun moisturizers; Anti-aging moisturizer; Hair gels and hair sprays; Creams, oils, lotions, sprays, pencils and balms for cosmetic purposes; Gels, sprays, mousses and balms for hair styling and hair care; Non-medicated scrubs for the face and body; Depilatory and exfoliating preparations; Scented body sprays; Body washes; Liquid soap for body washing; Aromatherapy preparations; Essential oils for use in aromatherapy; Potpourri sachets for incorporating in aromatherapy pillows; Aromatic oils; Aromatic essential oils; Aromatic potpourris; Artificial eyelashes; False nails; Bases for flower perfumes; Bath and shower foam; Bath and shower gels; Bath and shower preparations; Bath and shower gels and salts not for medical purposes; Bath bombs; Bath milks; Bath flakes; Bath creams; Bath fizzies; Bath foams; Hair colouring preparations; Hair colour removers; Hair-colouring and hair decolorant preparations; Hair colourants, Colour rinses for the hair; Colour-removing preparations for hair; Preparations for cleaning, tinting, colouring, bleaching, setting and styling of hair; Hair conditioners; Hair shampoos and conditioners; Baby hair conditioner; Hair balsam; Non-medicated hair balms; Hair oils; Hair mascara; Hair lighteners; Cosmetic creams for firming skin around eyes; Anti-aging skincare preparations; Facial cleansers; Facial cosmetic preparations; Facial lotions; Cosmetic facial preparations, Facial make-up; Facial care cosmetic preparations; Facial cleansing grains; Facial cream for cosmetic use; Facial peel preparations for cosmetic purposes; Wrinkle-minimizing cosmetic preparations for topical facial use; Cuticle softeners, Cuticle cream; Shampoos and hair conditioners; 3-in-1 hair shampoos; Dandruff hair shampoo; Hair shampoo; Skin whitening creams; Skin whitening preparations; Foundation creams; Liquid make-up foundation; Make-up foundation; Eye shadows; Eyeliners; Eye pencils; Eyebrow pencils; Eyebrow cosmetics; Eyeliner pencils; Eye make-up; Under-eye enhancers; Eye make-up removers; Self-adhesive false eyebrows; Cosmetic preparations for eyelashes; Fragrance sachets for eye pillows; Adhesives for affixing false eyebrows; Adhesives for affixing false eyelashes; Eye-washes, not for medical purposes; Eyebrow colours in the form of pencils and powders; Decorative transfers for cosmetic purposes; Decorative transfers for fingernails for cosmetic purposes; Creamy rouges; Cosmetic rouges; Liquid rouges; Cotton puffs for cosmetic purposes; Cotton wool and cotton buds for cosmetic purposes; Cotton wool balls for cosmetic use; Cosmetics; Decorative cosmetics; Cosmetics and toiletries; Lip stains; Skin care cosmetics; Sun protection oils; Colognes, perfumes and cosmetics; Cosmetics and make-up; Tissues impregnated with cosmetic lotions; Cosmetics for personal use; After-sun milks; After-sun cosmetic gels; After-sun oils; Cosmetics for children; Cosmetics and cosmetic preparations; Cosmetic sun-protecting preparations for lips; Perfumery, essential oils, cosmetics, hair lotions; Cosmetics for use on the skin; Cosmetics in the form of lotions; Tanning and after-sun milks, gels and oils; Cosmetics in the form of milks, lotions and emulsions; Perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions, gels, lotions and creams; Theatrical make-up; Make-up removing preparations; Make-up powder; Make-up pencils, Make-up for the body; Make-up removing milks; Make-up removing lotions; Make-up primers; Make-up removing creams; Make-up bases in the form of pastes; Make-up for compacts; Make-up preparations; Make-up; Make-up preparations for the face and body; Make-up removing gels; Make-up for the face and body; Shaving and after-shave preparations; Shaving balm; Shaving creams; Shaving foam; Shaving gels; Shaving lotions; Shaving mousse; Teeth whitening strips impregnated with teeth whitening preparations,” in International Class 003;

 

“Home manicure sets; Electric cosmetic treatment apparatus, namely, nail polish or gel apparatus for use as a hand tool featuring software and hardware needed to accurately paint finger and toe nail in a timely manner, and for nail cleaning, nail polish removing, nail polish top coating, nail polish base coating and applying nail gel, nail bonder and nail paint; Manicure apparatus, namely, manicure sets and nail buffers; Electric manicure apparatus for use as a hand tool for removing existing nail polish and nail gel and then paints nails of fingers and toes in a fully automated manner; Gel polish removal device, namely, nail buffer and nail polish scraper as a hand tool; Electrolysis apparatus for hair removal; Electric hair straighteners; Electric hand-held hair styling irons; Electric hair styling irons; Electric or non-electric depilatory appliances; Electric razors; Razor cases; Razors; Safety razors; Electric beard trimmers; Moustache and beard trimmers,” in International Class 008;

 

“Manicure device that dries nail polish and nail gel of fingers and toes in a fully automated manner; Nail drying machines for beauty salons; Nail drying machines for home and beauty salon use; Ultraviolet gel manicure lights and lamps; UV lamps for drying nail gel manicure; Nail dryer machine being an electric nail drying fan or nail lamp; Nail polish or gel device comprising software and hardware for nail drying; Hair dryers; Electric hair dryers; Handheld electric hair dryers; Electronic facial steamers; Electric facial mask treatment device namely, electric devices configured to emit thermo, cryo or LED light therapy and sonic pulsation,” in International Class 011;

 

"Electric cosmetic treatment apparatus, namely nail or gel polish apparatus comprising software and hardware needed to accurately painting finger and toe nails in a timely manner, nail cleaning, nail polish removing, nail polish top coating, nail polish base coating and applying nail gel, nail bonder and nail paint; electric manicure apparatus for removing existing nail polish and nail gel and then painting nails of fingers and toes in a fully automatic manner; Electric make-up removing appliances; Appliances for removing make-up, electric; Make-up removing appliances; Electric nail polish removing appliances; Electric mask removing appliances; Electric toothbrushes; Heads for electric toothbrushes; Electric face cleansing brushes; Electric rotating hair brushes; Electrically-heated hair brushes; Hair brushes; Hot air hair brushes; Hair tinting brushes; Shaving brushes; Shaving brush stands; Shaving brush holders; Shaving bowls; Stands for shaving brushes; Teeth whitening trays sold empty for home use; Cosmetic applicators sold empty for brushes; sonic oscillating brushes for cosmetic purposes; electric cosmetic brushes," in International Class 021; and

 

“Hair curlers, electric and non-electric, other than hand implements,” in International Class 026.

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/StevenW.Jackson/

Steven W. Jackson

Trademark Attorney

Law Office 107

steven.jackson@uspto.gov

571-272-9409

 

 

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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/20/2019 FOR U.S. APPLICATION SERIAL NO.88295495

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.