To: | Pele's Grace Co., Ltd. (trademarks@babenerlawoffice.com) |
Subject: | U.S. Trademark Application Serial No. 88430156 - PG PELE'S GRACE - 15733-2 |
Sent: | July 17, 2019 05:30:26 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88430156
Mark: PG PELE'S GRACE
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Correspondence Address: |
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Applicant: Pele's Grace Co., Ltd.
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Reference/Docket No. 15733-2
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 17, 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 OF OFFICE’S DATABASE OF 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
The wording “antibacterial skin soaps” in the identification of goods is misclassified as these are properly classified in Class 005. Applicant’s “body and beauty care preparations,” “liquid soaps for hands, face and body,” “moisturizing oil for skin” and “moisturizing soap” are indefinite and require clarification as the exact nature of the goods is unknown, e.g., body and beauty care cosmetics, non-medicated liquid soaps for hands, face and body, moisturizing oil for skin for cosmetic use, and moisturizing bath soap. See TMEP §1402.01.
Applicant may adopt the following amended identification, if accurate:
· Anti-aging cleanser; anti-aging creams; anti-aging moisturizer; anti-aging toner; bath oils for cosmetic purposes; beauty creams for body care; body and beauty care cosmetics; body and beauty care cosmetic preparations; body cream soap; body mask cream; body mask lotion; beauty creams; cosmetic creams; cosmetic nourishing creams; night creams; cosmetic preparations, namely, firming creams; non-medicated liquid soaps for hands, face and body; moisturizing preparations for the skin; moisturizing oil for skin for cosmetic use; skin care products, namely, non-medicated skin serum, skin conditioners, skin creams, night creams, skin emollients, skin moisturizers, suntan lotion, moisturizing sunscreen, non-medicated skin serums, non-medicated skin repair creams; cosmetic preparations for skin renewal; personal care products, namely, moisturizing bath soap; bar soap; hair shampoos and conditioners; oils for hair conditioning; wrinkle smoothing skin care preparations [INT. CLASS 003]
· Antibacterial skin soaps [properly in INT. CLASS 005]
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class. 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).
For 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, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
ACCURATE COLOR CLAIM & LOCATION STATEMENT REQUIRED
Applicant has submitted a color drawing and has not claimed color as a feature of the mark. Applications for marks depicted in color must include not only a color drawing but also (1) a complete list of all the colors claimed as a feature of the mark and (2) a mark description of the literal and design elements that specifies where all the colors appear in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); see TMEP §807.07(a)-(a)(ii). Further, applicant references maroon in its mark description but not also black, which is considered a color in the mark.
Therefore, applicant must submit (1) a color claim and (2) a mark description of all the colors in the mark. 37 C.F.R. §§2.37, 2.52(b)(1); see TMEP §807.07(a)-(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. See TMEP §807.07(d).
The following color claim and mark description are suggested, if accurate:
Color claim: “The colors maroon and black are claimed as a feature of the mark.”
Mark description: “The mark consists of the literal elements ‘PG PELE’S GRACE’ in stylized font where the letters ‘PG’ are enclosed in two maroon concentric circles set against a transparent background and the wording ‘PELE’S GRACE’ is in black.
See TMEP §807.07(b).
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
TEAS REDUCED FEE CORRESPONDENCE REQUIREMENTS
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.
Note: An applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or registration number and click on “Status” or “Documents.”
How to respond. Click to file a response to this nonfinal Office action
/Toby E. Bulloff/
Examining Attorney
Law Office 119
(571) 270-1531
toby.bulloff@uspto.gov
RESPONSE GUIDANCE