To: | ASTRAL HEALTH & BEAUTY, INC. (screasman@taylorenglish.com) |
Subject: | U.S. Trademark Application Serial No. 90002079 - LYS BEAUTY - 70662-3020 |
Sent: | September 23, 2020 11:43:15 AM |
Sent As: | ecom103@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90002079
Mark: LYS BEAUTY
|
|
Correspondence Address: 1600 PARKWOOD CIRCLE, SUITE 200
|
|
Applicant: ASTRAL HEALTH & BEAUTY, INC.
|
|
Reference/Docket No. 70662-3020
Correspondence Email Address: |
|
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: September 23, 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.
SUMMARY OF ISSUES
Search Results
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. However, the applicant must respond to the following requirements:
Translation requirement
Applicant must disclaim the wording “BEAUTY” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached dictionary evidence from http://www.collinsdictionary.com/dictionary/english/beauty and http://www.macmillandictionary.com/dictionary/american/beauty_2 shows this wording is a descriptive term for goods focused on improving the user’s appearance. Thus, the wording merely describes applicant’s the field or industry of applicant’s cosmetics, toiletries, and skincare goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BEAUTY” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
requirement for clarification of Identification and CLASSIFICATION of goods
Applicant may substitute the following wording, if accurate, for the entire identification of goods (additional or alternative wording is in bold font; blank underlines indicate additional information is required to clarify the identification clause; notes to applicant about how to clarify the identification wording are contained within brackets, but the amended identification should not include this bracketed text):
“Cosmetics; cosmetic preparations; non-medicated toiletry preparations; non-medicated skincare preparations; non-medicated skincare treatments, namely cosmetic skin resurfacing treatments, cosmetic skin refinishing treatments, facial scrubs, cosmetic facial masks, cosmetic anti-aging and anti-wrinkle treatments in the nature of ___ [specify format of goods, such as “cream”, “moisturizer”, “toner”, “serum”], and facial cleaning preparation in the nature of salicylic acne cleanser not for medical purposes,” in International Class 003.
The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds , 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion , 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America , Inc ., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co ., 99 USPQ 344 (Comm'r Pats. 1953).
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.
REQUIREMENTS FOR MULTIPLE-CLASS APPLICATIONS
(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). 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.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Kaelie E. Kung/
Examining Attorney
Law Office 103
571-272-8265
kaelie.kung@uspto.gov
RESPONSE GUIDANCE