To: | Tarte, Inc. (DNTrademarkDocket@BHFS.com) |
Subject: | U.S. Trademark Application Serial No. 88595316 - JUICY SKIN IS IN - 015135.0436 |
Sent: | September 21, 2019 04:27:58 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88595316
Mark: JUICY SKIN IS IN
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Correspondence Address: BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 SEVENTEENTH STREET, SUITE 2200
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Applicant: Tarte, Inc.
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Reference/Docket No. 015135.0436
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 21, 2019
1.) IDENTIFICATION OF GOODS FOR INTERNATIONAL CLASS 3 REQUIRES CLARIFICATION AND AMENDMENT
The identification of goods for International Class 3 presently reads as follows: “cosmetics; cosmetic preparations; cosmetic preparations for skin care; non-medicated skin care preparations; skin care preparations, namely, non-medicated skin care preparations, self-tanners, and self-tanning preparations; cosmetic creams; self tanners, namely, self-tanning preparations; cosmetic tanning preparations; self-tanning preparations; tanning creams; non-medicated sun care preparations; body oil; body powder; essential oils; cosmetic bags containing cosmetics; kits and gift sets comprised primarily of cosmetics and skin care preparations, namely, non-medicated skin care preparations, self-tanners, and self-tanning preparations; skin care products, namely, face oil, body oil, facial moisturizer, eye cream, neck cream, facial masks, facial cleansers and makeup removers; nail polish; nail care preparations; facial and body soap; fragrances”.
Applicant may substitute either of the following examples and classifications, if accurate:
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.
2.) REQUIREMENTS FOR ADDING INTERNATIONAL CLASSES TO THE APPLICATION
As indicated above, applicant may need to add an international class to the application; 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). The application identifies goods and/or services that are classified in at least five classes; however, applicant submitted a fee(s) sufficient for only four 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.
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).
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
/Martha Santomartino/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 112
(571) 272-9416
martha.santomartino@uspto.gov
RESPONSE GUIDANCE