To: | Hello Hazel, Inc. (rclarida@reitlerlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88649186 - HAZEL - 7812-00 |
Sent: | August 02, 2021 11:31:21 AM |
Sent As: | ecom123@uspto.gov |
Attachments: |
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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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: August 02, 2021
In a previous Office action(s) dated January 22, 2020, the applicant was required to satisfy the following requirement(s): Identification Of Goods; Multiple-Class Application Requirements; Applicant's Domicile Address Required.
Further, the trademark examining attorney maintains and now makes FINAL the requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
FINAL REQUIREMENT: IDENTIFICATION & CLASSIFICATION OF GOODS
Applicant has classified the following goods in International Class 3: “Vitamin and food supplements for older adults; Incontinence underwear; incontinence pads.” However, the proper classification for these items is Class 5.
Additionally, applicant has provided the application fee(s) for only one international class. Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86(a).
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.
Applicant may substitute the following wording, if accurate (suggested wording in bold, comments within brackets and bolded italics):
Class 3: Soap for dry skin to moisturize and protect aging
skin; lotion for dry skin to moisturize and protect aging skin; cosmetics with formulas to enhance and protect aging skin; shampoo for dry or brittle hair 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: 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
FINAL REQUIREMENT: DOMICILE ADDRESS REQUIRED
In this case, the application record lists applicant as a juristic entity and specifies applicant’s domicile as “c/o” or in “care of” another party’s address. In most cases, an address that is listed as “c/o” or in “care of” another party’s address is not acceptable as a domicile address because it does not identify the location of applicant’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities. See37 C.F.R. §2.2(o)-(p); TMEP §601.01(b)(1).
Response options. Applicant must provide its domicile street address. See 37 C.F.R. §2.32(a)(2), 2.189; TMEP §803.05. Alternatively, applicant may provide documentation showing that the listed address is, in fact, applicant’s domicile. See37 C.F.R. §2.11(b); TMEP §601.01(b)-(b)(1).
To provide applicant’s domicile street address. After opening the correct Trademark Electronic Application System (TEAS) response form and entering the serial number, (1) answer “yes” to wizard question #5 and click “Continue;” (2) on the “Owner Information” page, in the “Domicile Address” field, uncheck the box stating the domicile and mailing address are not the same; and (3) below the checkbox provide applicant’s domicile street address. Applicant’s domicile street address will be hidden from public view if it is entered into the “Domicile Address” field. However, any street address listed in the “Mailing Address” field will be publicly viewable.
To provide documentation to support applicant’s domicile address. Applicant should provide the most recent documentation showing that the address is the applicant’s business headquarters, for example one of the following: (1) the most recent final annual or quarterly report or other similar report; or (2) a current certificate of good standing for the corporation or other business entity issued by a federal or state government agency. TMEP §601.01(b)-(b)(1); see 37 C.F.R. §2.11(b). Submitted documentation must show the name, listed domicile address, and the date of the document but should redact other personal and financial information.
To provide this documentation, open the correct TEAS response form and enter the serial number, answer “yes” to wizard question #3, and on the “Additional Statement(s)” page, below the “Miscellaneous Statement” field, click the button below the text box to attach documentation to support the street address.
RESPONSE
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Megan M. Hartnett/
Megan M. Hartnett
Trademark Examining Attorney
Law Office 123
571-270-1977
megan.hartnett@uspto.gov
RESPONSE GUIDANCE