To: | Hello Hazel, Inc. (rclarida@reitlerlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88649186 - HAZEL - 7812-00 |
Sent: | January 22, 2020 01:36:29 PM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88649186
Mark: HAZEL
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Correspondence Address: |
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Applicant: Hello Hazel, Inc.
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Reference/Docket No. 7812-00
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.
Issue date: January 22, 2020
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.
The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.
PRIOR-FILED APPLICATIONS
The filing dates of pending U.S. Application Serial Nos. 88445899 and 88533468 (HAZEL'S) precede applicant’s filing date. See attached referenced applications. If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
Applicant must clarify the wording below in the identification of goods because it is indefinite and overly-broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Additionally, "soap for dry skin which may contain vitamins, antioxidants, and hydrating properties to moisturize and protect aging skin" and similar entries must be amended as these are overly-broad. Non-medicated items are in Class 3 and the medicated version of these items are in Class 5. The presence of vitamins in the soap and lotion suggest these should be in Class 5.
Applicant did not designate in the application the required international class number(s) for applicant’s goods. Thus, the USPTO conducted a preliminary review of the specified goods and assigned International Class 3. See TMEP §1401.03(b). However, multiple items in the identification should be classified as goods in International Class 5, not Class 3. Specifically, entries for "Vitamin and food supplements for older adults; Incontinence underwear; incontinence pads" appear misclassified. Therefore, applicant may respond by requesting that the USPTO amend the application to classify the goods in International Class 5. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods accordingly; or (2) deleting from the application the goods for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
"incontinence wipes" is indefinite and must be amended to clarify that these are "Incontinence wipes impregnated with cleansing preparations" in Class 3.
Applicant may substitute the following wording, if accurate (suggested wording in bold, comments within brackets and bolded italics):
Class 3: Non-medicated soap for dry skin which may
containing vitamins, antioxidants, and hydrating properties to moisturize and protect aging skin; Non-medicated lotion for dry skin which may
containing vitamins, antioxidants, and hydrating properties to moisturize and protect aging skin; Non-medicated cosmetics with formulas to enhance
and protect aging skin; Non-medicated shampoo for dry or brittle hair which may containing ingredients to renew hair structure and texture;
Vitamin and food supplements for older adults; Incontinence underwear; incontinence pads; incontinence wipes impregnated with cleansing preparations
Class 5: Medicated soap for dry skin containing vitamins, antioxidants, and hydrating properties to moisturize and protect aging skin; Medicated lotion for dry skin containing vitamins, antioxidants, and hydrating properties to moisturize and protect aging skin; Medicated cosmetics with formulas to enhance and protect aging skin; Medicated shampoo for dry or brittle hair containing ingredients to renew hair structure and texture; Vitamin and food supplements for older adults; Incontinence underwear; incontinence pads
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
(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 two classes; however, applicant submitted a fee(s) sufficient for only one class. 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.
/Megan M. Hartnett/
Megan M. Hartnett
Trademark Examining Attorney
Law Office 123
571-270-1977
megan.hartnett@uspto.gov
RESPONSE GUIDANCE