To: | New Avon LLC (trademarks@kelleydrye.com) |
Subject: | U.S. Trademark Application Serial No. 88607284 - MAKE LIFE BEAUTIFUL - 025263-0125 |
Sent: | December 10, 2019 10:08:58 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88607284
Mark: MAKE LIFE BEAUTIFUL
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Correspondence Address:
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Applicant: New Avon LLC
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Reference/Docket No. 025263-0125
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Application Informalities
Recitation of Services
A portion of the recitation of services is unacceptable as indefinite because the services listed were not specific enough. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
Class 35: “Advertising, marketing and promotional services; business ____ {specify, development} services; door-to-door merchandising of products, online retail store services, retail store services, and mail order catalog services, all in the fields of personal care products, skin care products, cosmetics, nutritional supplements, jewelry, glassware, housewares, beauty care and salon services, toiletries, clothing, handbags, {specify, clothing} ____ accessories, gift items, toys, pre-recorded videos, audio tapes, and CDs, kitchenware, linens, dinnerware, kitchen appliances, and giftware”
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
If applicant does not respond to this Office action within the six-month period for response, the following services in International Class 35 will be deleted from the application: “business services; door-to-door merchandising services; accessories”. The application will then proceed with the remaining services in International Class 35. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Response
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.
/David Collier/
Examining Attorney
Law Office 109
(571) 272-8859
david.collier@uspto.gov (not for formal responses)
RESPONSE GUIDANCE