To: | Chilmark Labs, Ltd. (trademarks@ems-legal.com) |
Subject: | U.S. Trademark Application Serial No. 88495383 - SOLVIVA - T-13862-US |
Sent: | September 26, 2019 12:50:53 PM |
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. 88495383
Mark: SOLVIVA
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Correspondence Address: |
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Applicant: Chilmark Labs, Ltd.
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Reference/Docket No. T-13862-US
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: September 26, 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.
SUMMARY OF ISSUES
Search Results
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). However, the applicant must respond to the following requirements:
requirement for clarification of Identification and CLASSIFICATION of goods
The identifications of goods in Classes 004 and 005 are acceptable.
The wording “Aromatic body care products, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub and non-medicated foot cream; … lubricants for cosmetic purposes” in the identification of goods in International Class 003 is indefinite and must be clarified because the nature of the goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
The wording “shampoos; Mouth washes; air fresheners” in the identification of goods for International Class 003 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, “shampoos” could encompass hair shampoo, baby shampoo – both in International Class 003, as well as medicated shampoo in International Class 005; “mouth washes” could encompass non-medicated mouth washes in International Class 003, as well as medicated mouth washes in International Class 005; “air fresheners” could encompass both air fragrances in International Class 003, as well as air deodorizing preparations in International Class 005.
Applicant may substitute the following wording, if accurate, for the entire identification of goods (additional or alternative wording is in bold font; notes to applicant about how to clarify the identification wording are contained within brackets, but the amended identification should not include this bracketed text):
“Perfumes, eau de toilette; gels, salts for the bath and the shower not for medical purpose; toilet soaps, body deodorants; cosmetics, namely, creams, milks, lotions, gels and powders for the face, the body and the hands; non-medicated sun care preparations; make-up preparations; Hair shampoos; hair care preparations; gels, sprays, mousses and non-medicated balms for hair styling and hair care; hair lacquers; essential oils for personal use; Aromatic body care preparations, namely, body lotion, shower gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body polish, body and foot scrub and non-medicated foot cream; Non-medicated mouth washes; Natural essential oils; Non-medicated herbal body care products, namely, body oils, salves, and lip balms; Pet shampoo and conditioner; Pre-moistened cosmetic towelettes; Tooth paste; Tooth whitening preparations; non-medicated cosmetics; non-medicated dentifrices; lotions and lubricants being oils for cosmetic purposes; sanitary preparations being non-medicated toiletry preparations; deodorants for human beings or for animals; Fragrances; perfume oils; air fragrance,” in International Class 003;
“Candles; Wax melts; Candles made in whole or substantial part of natural ingredients; Aromatherapy fragrance candles; Perfumed candles; Scented candles,” in International Class 004 [no change]; and
“Botanical preparations for the therapy and treatment of skin disorders, eye disorders, Central Nervous System disorders, stomach and intestine disorders, orthopedic disorders, autoimmune disorders, inflammatory disorders, personal lubricants, sexual stimulants gels; Nutritional and dietary supplements in the form of gel capsules and/or orally bioavailable tinctures; Dietary supplements; Powdered nutritional supplements; Plant extracts for medical, veterinary and pharmaceutical purposes; Plant extracts for pharmaceutical purposes; Plant and herb extracts sold as components of medicated cosmetics; Pre-moistened medicated towelettes; Non-medicated acne treatment preparations; air deodorizing preparations,” in International Class 005.
The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds , 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion , 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America , Inc ., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co ., 99 USPQ 344 (Comm'r Pats. 1953).
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.
Inquiry on wording in mark – appears to be foreign
To permit proper examination of the application, applicant must specify whether the wording in the mark “SOLVIVA” has any meaning in a foreign language. See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809, 814.
If this wording has a meaning in a foreign language, applicant must provide an English translation. 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §809. If the wording has no meaning in a foreign language, applicant must so specify. See 37 C.F.R. §§2.32(a)(10), 2.61(b); TMEP §809.
Applicant should provide an English translation and transliteration using the following format:
The English translation of “SOLVIVIA”is “___”.
TMEP §809.03.
Alternatively, if the wording in the mark has no meaning in a foreign language, applicant should provide the following statements:
The wording “SOLVIVA” has no meaning in a foreign language.
Id.
EMAIL/Telephone response suggested
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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
/Kaelie E. Kung/
Examining Attorney
Law Office 103
571-272-8265
kaelie.kung@uspto.gov
RESPONSE GUIDANCE