To: | Rwachsberg Holdings Inc. (gtipmail@gtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88512748 - ROLL CALL - 185536.10000 |
Sent: | September 28, 2019 04:08:24 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88512748
Mark: ROLL CALL
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Correspondence Address: 90 SOUTH SEVENTH STREET, SUITE 3500
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Applicant: Rwachsberg Holdings Inc.
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Reference/Docket No. 185536.10000
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 28, 2019
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).
Applicant may adopt the following wording, if accurate:
Class 003: “Anti-aging creams; Depilatory lotions and creams; gels, namely, depilatory gels,
shaving gels, shower gels; petroleum jelly for cosmetic purposes, cosmetic sun protection creams; skin soaps, bar soaps; human body sprays, scented body refresher sprays, body washes for humans, shower gels[duplicate entry], bubble bath; skin masks, skin peels”;
Class 005: “Nutritional supplements; Nutritional supplement energy bars; Nutritional supplement meal replacement bars for boosting energy; Nutritional supplement meal replacement energy snacks adapted for medical use; Meal replacement energy snacks adapted for medical use; Nutritional supplement dietetic energy foods adapted for medical use; Dietetic energy foods adapted for medical use; Pharmaceutical preparations for skin care, namely, alleviating wrinkles; Pharmaceutical preparations, namely, for alleviating sweating; anti-bacterial soap; Personal care products, namely, medicated shampoos and hair conditioners, medicated skin moisturizers, medicated skin conditioners and medicated skin lotions, medicated skin conditioners and medicated skin creams, medicated anti-aging and medicated stretch mark creams, medicated lotion and cream for hands, nails, skin, face, hair, medicated skin lotions and creams for use on varicose veins, foot and leg muscles, and joints; medicated shaving lotions and creams; skin treatments, namely, medicated lotions and creams for treating dry and damaged skin, medicated anti-aging creams, medicated skin firming creams, medicated anti-wrinkle skin creams, medicated skin creams for treating stretch marks, medicated skin creams for under eye and eyelid firming; medicated skin moisturizing and anti-aging gels, medicated stretch mark gels, medicated skin oils, medicated anti-aging serums; anti-bacterial bar soaps; medicated liquid bath soaps; medicated body scrubs”;
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
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
(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). The application identifies goods that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class(es). 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).
See 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.
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
/Kelly J. Trusilo/
Trademark Examining Attorney
Law Office 107
571-272-8976
kelly.trusilo@uspto.gov
RESPONSE GUIDANCE