To: | Higher Frequencies, Inc. (IPDocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 88439995 - HF - 115649-0140 |
Sent: | August 14, 2019 06:12:41 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88439995
Mark: HF
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Correspondence Address: |
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Applicant: Higher Frequencies, Inc.
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Reference/Docket No. 115649-0140
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: August 14, 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 REQUIREMENT
The wording “soap” and “bath salts” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, the wording does not make clear what type of soap applicant is providing, as well as whether the bath salts are for medical or non-medicated purposes.
Applicant may substitute the following wording, if accurate, with changes highlighted in bold:
Class 03: Beauty and wellness products, namely, skin moisturizer, body oil, face and body lotion, essential oils, bath oils, oils for cosmetic purposes, Bar soap, hair shampoo and conditioner, Non-medicated bath salts, bubble bath, petroleum jelly for cosmetic purposes, perfumes containing extracts from flowers, deodorants and anti-perspirant for personal use, deodorant soap, scented toilet water, cosmetic creams, cosmetic preparations for skin care, preparations for shaving, shaving soaps, after-shave, and cosmetic sun-tanning preparations
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.
RESPONSE GUIDELINES
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
Galante, Josh
/Josh Galante/
Trademark Examining Attorney
Law Office 127
(571) 272-4310
josh.galante@uspto.gov
RESPONSE GUIDANCE