To: | Bryson, Rubi (worldwidebrandsolutions@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88417229 - LARU - N/A |
Sent: | July 20, 2019 09:31:06 AM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88417229
Mark: LARU
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Correspondence Address: 230 CLINTON STREET SUITE - 11C
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Applicant: Bryson, Rubi
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Reference/Docket No. N/A
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 20, 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 for Conflicting Marks
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 of Goods/Services
The identification of goods/services is indefinite and must be clarified because it is too broad and could include goods/services in other international classes. See TMEP §§1402.01, 1402.03.
Specifically, nail and spa services are classified in 044. Additionally, the wording “retail store services featuring” refers to a store selling goods. Therefore, instead of listing services offered, applicant should list goods sold at the store.
Applicant may adopt the following identification of goods/services, if accurate:
Class 035 Advertising services, namely, promoting the brands, goods and services of others; Retail store services featuring nail care supplies, hair extensions, body creams, spa products, body shapers and clothing
Class 044 Day spa services, namely, nail care, manicures, pedicures and nail enhancements, eyelash extension services, hair salon service, cosmetic eyebrow care services; body waxing service; eyebrow threading services
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.
Multi-Class Application Requirements
The application references goods and/or services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for both Classes 035 and 044. See more information about specimens.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Significance of Wording
The examining attorney requires information about the goods/services and/or the mark to determine whether all or part of the mark is merely descriptive as applied to the goods and/or services. TMEP §814. Applicant must specify whether the wording “LARU” has any significance in a foreign language, as a geographic location, in the beauty trade or industry, or as applied to the goods/services described in the application. 37 C.F.R. §2.61(b).
Trademark Rule 2.61(b) states “[t]he examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application.” The Trademark Trial and Appeal Board has upheld a refusal of registration based on the applicant's failure to provide information requested under this rule. In re Page, 51 USPQ2d 1660 (TTAB 1999)(failure to comply with request for information constitutes grounds for refusal); In re Babies Beat Inc., 13 USPQ2d 1729 (TTAB 1990)(failure to submit patent information regarding configuration).
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 nonfinal Office action
/Jun, Wendy/
Trademark Examining Attorney
Law Office 103
United States Patent and Trademark Office
571-272-8810
wendy.jun@uspto.gov
RESPONSE GUIDANCE