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:  March 21, 2021

 

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.

 

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.

 

SUMMARY OF ISSUES:

 

• Required Amendment to the Identification of Goods

 

IDENTIFICATION OF GOODS

 

The identification of goods is indefinite and must be clarified because “skin products, hair care products, and nail care products” in International Class 003 must be clarified because it is indefinite and does not specify either the common generic name of each product or the nature and purpose or function of the product.  Also, the use and type of supplements must be clarified as indicated below in International Class 005. See TMEP §§1402.01, 1402.03. 

 

Therefore, applicant must amend this wording to specify either (1) the common generic name of each product or (2) the nature, purpose, and/or intended use of each product.  See TMEP §§1402.01, 1402.03. 

 

Applicant may adopt the following wording, if accurate: 

 

International Class 003

 

Skin care products and preparations, namely,{specify the type of products and preparations, e.g., body polish, skin peels, non-medicated skin serum, etc.}; soaps, skin and facial lotions and creams; cosmetics, skin toners; hair care preparations and hair care products, namely, specify the products, e.g., heat protection sprays, hair straighteners, etc.}; nail care preparations and nail care products, namely, {specify the products, e.g., nail wraps, nail strengtheners, etc.}.

 

International Class 005

 

Nutritional supplements and preparations for human consumption; healthcare nutritional supplements and preparations; dietary supplements and preparations for human consumption; meal replacement bars adapted for medical use; dietary drink mixes for use as a meal replacement, sports enhancement, performance enhancement, weight management, weight loss and weight gain; food supplements; dietary food supplements; vitamins, mineral supplements and antioxidants used as food supplements; supplements for detoxification, stress relief, anti-aging and strengthening immune systems for medical purposes

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

Response guidelines.  For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Applicant is encouraged to contact the trademark examining attorney at the contact information provided below.  Applicant may request that the examiner enter the applicant’s proposed amendments by examiner’s amendment in response to the above requirements to expedite publication of the applicant’s mark.  TMEP 707.02.

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/C. Dionne Clyburn/

C. Dionne Clyburn

Trademark Examining Attorney

LO 110

571-272-9358

dionne.clyburn@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 March 21, 2021 for

U.S. Trademark Application Serial No. 90254830

 

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. 

 

 

/C. Dionne Clyburn/

C. Dionne Clyburn

Trademark Examining Attorney

LO 110

571-272-9358

dionne.clyburn@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 March 21, 2021, 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.”