Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  April 22, 2020

 

 The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

• Identification of Goods – Class 3
• Inquiry as to Filing Basis

 

SEARCH OF USPTO DATABASE OF MARKS

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

IDENTIFICATION OF GOODS

 

Class 3

 

The wording “loions” is unacceptable as indefinite as it appears to be a misspelling of “lotions.”

 

The wording “salves” is unacceptable as indefinite and overly broad because the goods can be medicated (in Class 5) or non-medicated (in Class 3). Applicant must clarify the use for the goods and classify the goods accordingly.

 

Class 5

 

The wording “Health foods, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsules, digestive aids, fish liver oil, calcium lactate” is unacceptable as indefinite and overly broad because applicant must specify the nature of the “health foods” which may fall into more than one class. For example, healthy food for medical purposes, such as homogenized food and dietetic food for medical use or purposes, are in Class 5, however, low-fat foods or diet foods are generally in Classes 29 and 30, such as low-fat potato chips (Class 29) and low-salt bread (Class 30).

 

Applicant may adopt any or all of the following suggested amendment to the identification of goods:

 

-          International Class 3:              Lotions for face and body care; non-medicated skin care creams and lotions; skin care preparations, namely, body balm, body oils, non-medicated salves and lip balms

 

-          International Class 5:              Health foods being dietetic foods adapted for medical use, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsules, digestive aids, fish liver oil, calcium lactate; Dietary supplements for general health and well-being; mixed vitamin preparations; mineral supplements; botanical supplements for general health and well being

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods may not later be reinserted.  See TMEP §1402.07(e).

 

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.

 

INQUIRY REGARDING CLASS 5 FILING BASIS

 

In the October 25, 2019 Preliminary Amendment, applicant adds a 1(b) and 44(d) filing basis and indicates that it does not intend to rely on 44(e) as a filing basis. However, 44(e) remains a filing basis in Class 5.

 

Did applicant intend to delete the 44(e) filing basis, as it is deleted for Class 3?

 

RESPONSE GUIDELINES

 

If applicant does not timely respond to this Office action, the following goods will be deleted from the application:

 

-          International Class 3:              non-medicated skin care loions; skin care preparations, namely, salves

 

-          International Class 5:              Health foods, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsules, digestive aids, fish liver oil, calcium lactate; Dietary supplements for general health and well-being; mixed vitamin preparations; mineral supplements; botanical supplements for general health and well being

 

See 37 C.F.R. §2.65(a); TMEP §718.02(a). 

 

In such case, the application will then proceed with the following goods only:

 

 

-          International Class 3:              Lotions for face and body care; non-medicated skin care creams; skin care preparations, namely, body balm, body oils, and lip balms

 

See TMEP §718.02(a). 

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

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 response to this nonfinal Office action.    

 

 

/Tara L. Bhupathi/

Examining Attorney

Law Office 124

(571) 272-5557

tara.bhupathi@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  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.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 22, 2020 for

U.S. Trademark Application Serial No. 88977368

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Tara L. Bhupathi/

Examining Attorney

Law Office 124

(571) 272-5557

tara.bhupathi@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 22, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”