Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT REQUEST TO DIVIDE APPLICATION

IS INCOMPLETE

Response Required

The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the request to divide the application will be denied.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this notice.

Issue date:  September 19, 2019

·         Corrected extension recommended

The request to divide the application filed on September 4, 2019, the statement of use filed on September 4, 2019, and the request for extension of time to file the statement of use (extension request) filed on September 4, 2019 all cannot be processed because there is an inconsistency in how the goods and/or services and/or the collective membership organization are identified in each document.  Therefore, it is not clear which goods and/or services and/or collective membership organization are covered by which filing.  Specifically, the following goods and/or services and/or collective membership organization are listed in each document:

·         Request to divide identified these goods and/or services and/or collective membership organization:

o   Goods/Services in Use:  Non-medicated baby care products, namely, all over body wash, skin lotion, skin ointment, baby oil, baby wipes impregnated with cleaning preparations, diaper rash cream, bubble bath, toddler hair shampoo and conditioner (Class 003)

o   Goods/Services Not in Use non-medicated adult products, namely, expecting mom belly oil and lotion, leg scrub, foot and ankle lotion, and body wash (Class 003); (Class 005)

·         Statement of use identified these goods and/or services and/or collective membership organization:

o   Goods/Services in Use:  Non-medicated baby care products, namely, all over body wash, skin lotion, skin ointment, baby oil, baby wipes impregnated with cleaning preparations, diaper rash cream, bubble bath, toddler hair shampoo and conditioner (3)

o   Goods/Services Deleted from Application or Included in Request to Divide (i.e., Goods/Services Not in Use):  non-medicated adult products, namely, expecting mom belly oil and lotion, leg scrub, foot and ankle lotion, and body wash (3) and Medicated baby care products, namely, sunscreen, diaper rash cream, and eczema skin lotion (5)

·         Extension request identified these goods and/or services and/or collective membership organization:

o   Goods/Services Intent to Use:  Non-medicated baby care products, namely, all over body wash, skin lotion, skin ointment, baby oil, baby wipes impregnated with cleaning preparations, diaper rash cream, bubble bath, toddler hair shampoo and conditioner; (3) and Medicated baby care products, namely, sunscreen, diaper rash cream, and eczema skin lotion (5)

Accordingly, the request to divide, the statement of use, and the extension request cannot be processed until the applicant resolves the inconsistency.  Applicant has thirty (30) days from the issuance date of this letter to respond to this letter.  If no response to this letter is received, the preferred order of processing will be the extension request, the statement of use, and the request to divide.  However, the exact processing of the filings in each application will be determined on a case by case basis.

Please call the undersigned with any questions.

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 Intent-to-Use (ITU)/Divisional Unit Office action.

Direct questions about this notice to the assigned Intent-to-use staff member below.

Cornish, Lori

/Lori Cornish/

ITU/Divisional Unit

Lori.Cornish@uspto.gov

571 272-9341

Fax 571 273-9341

RESPONSE GUIDANCE

·         Missing the response deadline to this letter will cause the request to divide the application to be denied.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

·         Responses signed by an unauthorized party are not accepted or processed and can cause the request to divide the application to be denied.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.