To: | H-E-B, LP (tmcentral@pirkeybarber.com) |
Subject: | U.S. Trademark Application Serial No. 90107214 - DIOSA - HEBG1006US |
Sent: | December 15, 2020 11:53:43 AM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90107214
Mark: DIOSA
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Correspondence Address: 1801 EAST 6TH STREET, SUITE 300
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Applicant: H-E-B, LP
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Reference/Docket No. HEBG1006US
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: December 15, 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Email to Resolve. Please email the assigned trademark examining attorney at julie.vo@uspto.gov to resolve the issues in this Office action. Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
The wording “eyebrow shapers” in the identification of goods for International Class 8 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass eyebrow pencils in Class 3 and eyebrow stencils in Class 16. If applicant adds a class to the current application, applicant must comply with the multi-class application requirements discussed below.
Applicant may adopt the following identification, if accurate (changes shown in bold):
CLASS 003 Eyebrow pencils.
CLASS 016 Eyebrow stencils.
CLASS 008 Tweezers; nail files; manicure sets; pedicure sets; callus rasps; callus cutters; nail buffers; foot care implements, namely, foot files; cuticle scissors; nail scissors; nail nippers; cuticle nippers; nail clippers; emery boards; eyelash curlers; eyebrow scissors; eyebrow trimmers.
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.
FEES & REQUIREMENTS FOR ADDING ADDITIONAL CLASS(ES)
(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 3 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
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.
/Julie Vo/
Julie Vo
Trademark Examining Attorney
Law Office 123
(571) 272-4880
julie.vo@uspto.gov (preferred)
RESPONSE GUIDANCE